Flaherty v. State
Alabama Court of Appeals
Flaherty v. State, 40 Ala. App. 539 (1960)
117 So. 2d 195; 1960 Ala. App. LEXIS 321
Flaherty v. State
Opinion of the Court
The indictment is for a felony, i. e., transporting five or more gallons of prohibited liquors.
In a felony case, such an inquiry is mandatory! Under Code 1940, T. 15, § 389, we are required to notice this record error. The error, however, is not cause for reversal, but only for remandment to the court below for proper sentencing. Smith v. State, 28 Ala.App. 506, 189 So. 86.
Accordingly, the judgment below is hereby ordered to be affirmed, but remanded for proper sentence.
Reference
- Full Case Name
- George H. Flaherty v. State.
- Cited By
- 2 cases
- Status
- Published