Opinion
6 Div. 521.
January 30, 1934.
Appeal from Circuit Court, Marion County; R. L. Blanton, Judge.
Proceeding by the State against Houston Terrell. From a judgment or order striking the motion of Houston Terrell to retax costs, movant appeals.
Affirmed.
Ernest B. Fite, of Hamilton, for appellant.
The thirty-day motion statute does not apply in a criminal case. Code 1923, § 7247. Costs in a prosecution for a given offense are not taxable in a prosecution for a different offense. See Code 1923, § 3742.
Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.
The motion was not filed within the time authorized by law, and was properly stricken. Code 1923, § 7247. Said statute applies to criminal as well as civil cases. Tribble v. State, 147 Ala. 699, 41 So. 183; Sampson v. State, 19 Ala. App. 671, 100 So. 305.
Code 1923, § 7247, motion to retax costs, is applicable to criminal as well as civil cases. See Tribble v. State, 147 Ala. 699, 41 So. 183; and Sampson v. State, 19 Ala. App. 671, 100 So. 305.
Admittedly, the motion in this case was not filed until after the expiration of thirty days from the date of the judgment of conviction. It was properly stricken. Code, § 7247, supra.
Without questioning appellant's remedy by appeal, it results that the judgment of the lower court ought not to be reversed; hence, it is affirmed. Supreme Ct. Rule 45.
Affirmed.