The Birmingham age-herald., 1910-12-31

of the prosecution against such person; but in such case no punishment shall be imposed for the failure to pay the same; but execution therefor may issue, as in civil cases. If the costs be not taxed against the said paroled person the same shall be paid as is now provided by law in cases of acquittal.
 Sec 3. Be it further enacted, that when- ever trial by jury is had in any crim- inal cause in this state, whether the charge be felony or misdemeanor, the jury shall fix the punishment, and the court shall not have the power or au- thority to impose any additional or differ ent punishment to that fixed by the jury; but In any such case the court may set aside the verdict of the jury as being ex- cessive or for any other good legal reason.
 Sec. 5. Be 1t further enacted, that evil dence of confessions shall not be admis- sible in criminal trials in this state in the following cases. viz.: CD Unless and until full proof be first made that the of fense charged was committed, which said proof must be accompanied by additional extraneous evidence tending to show that the person charged committed the offense @ Where the person charged was com pelled to give evidence before judicial tribunal and the confession was then ex- tracted (S) when the confession was ex- tracted by any sort or kind of threats, force or violence; or obtained by any di- rect or implied promises or inducements, or by the exertion of any improper infiu- ence
 Sec. 4. That the decision of the court in overruling motions for new trials in the courts of record in this state in any criminal cause shall be subject to ex- ception and revision by the supreme court by bill of exceptions taken as in civil cases.
 Sec. 5. Be it further enacted, that in all trials upon charges of misdemeanor in the municipal courts, and other in- ferior courts in this state, any person found guilty may appeal to the circuit court, or other court of like Jurisdiction, either with or without bond, within five days after conviction, upon giving notice, which may be either verbal or written, to the judge who tried the cause, designat- ing the court to which he desires to ap- peal. In such case the trial judge shall fix the appeal bond which shall be reas- enable in view of the offense charged. If such bond be given within five days after conviction the said person shall be re- leased from custody; but If said bond be not so given 1t shall be the duty of the said trial judge to issue a mittimus, fix Ing thereon the amount of the bond to be given, and cause the said person to be transferred to the county jail, where he must be received and detained by the sheriff of the county to await the appeal, but may be discharged by the sheriff at any time upon his giving bond in the sum fixed by the sheriff as in other cases of misdemeanor. The said bond shall be conditioned for the appearance of the person making the same before the court to which the appeal was taken at the hearing thereof and from term to term during the pending of the cause and until discharged by law.
 In every case of appeal under this sec tion it shall be the duty of the trial judge to cause a certified. transcript of his docket, together with the other papers and evidence to be sent to the court to which the appeal was taken, with due speed, and all trials so taken by appeal shall be de novo.
 Sec. 6. Be 1t further enacted, that ap- peals shall lie from any of the provisions of this act, as now provided by law. And all laws and parts of laws in confict herewith are hereby expressly repealed.