ERRONEOUS JUDGMENT.

The article presents information about erroneous judgment. The Alabama statute has authorized the jury to fix the length of a term of imprisonment. It also provides that when the term is one year or less it shall be served in the county jail. The petitioner was convicted of manslaughter and the jury fixed his punishment at one year in the penitentiary. The court entered judgment in accordance with the verdict. On appeal, the Court of Appeals first ordered a new trial, but on reconsideration set aside this order and remanded the case for re-sentence in accordance with the statute. Petitioner then brought the case by certiorari to the Supreme Court. The Court held that the portion of the verdict fixing the place of punishment might be disregarded as surplusage, so there was no error until the judgment was rendered. Hence the verdict should not be set aside but the judgment alone should be reversed and the case remanded for a lawful judgment. The action of the Court of Appeals was approved.