
    (106 So. 511)
    HARRISON v. STATE.
    (1 Div. 629.)
    (Court of Appeals of Alabama.
    Nov. 17, 1925.
    Rehearing Denied Dec. 8, 1925.)
    Criminal law <&wkey; 1207 — Sentence under act in force when offense committed held proper.
    In prosecution for operating gaming tables for an offense committed prior to taking effect of Code 1923, sentence under Code 1907, § 6985, Mid proper, where no election as to punishment was made as required by law, in view of Code 1923, § 5532.
    Appeal from Circuit Court, Mobile County ; Saffold Berney, Judge.
    Thomas F. (alias Dicey) Harrison was convicted of operating a gaming table, and he appeals.
    Affirmed.
    Tisdale J. Touart, of Mobile, for appellant.
    Defendant’s sentence should have been governed by section 4237 of the Code of 1923. Turner v. Sthte, 40 Ala. 21; 12 C. J. 1102.
    Harwell G. Davis, Atty. Gen., and Thos. E. Knight, Jr., Asst. Atty. Gen., for the State.
    The judgment and sentence of the court are in accord with the law. Code 1923, § 5532.
   RICE, J.

Appeal on record proper. No bill of exceptions. No error apparent, and judgment is affirmed.

Affirmed.

On Rehearing.

Appellant makes application for rehearing in the above case and complains that while the appeal is on the record proper, without bill of exceptions, yet error to reverse is shown, in that it appears that, while the trial and conviction were had subsequent to the going into effect of the Code of 1923, yet appellant was sentenced under the provisions of section 6985 of the Code of 1907.

A complete answer to this contention is to be found in the fact that the offense for which the appellant was being prosecuted was admitted to have been comfnitted prior to the said going into effect of the Code of 1923, and, no election as to punishment being made as required by law, the sentence was permitted under the provisions of section 5532 of Code 1923.

The application for rehearing is overruled.

Overruled. 
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