Lawson v. State, 4 Div. 18.
Decision Date | 13 January 1948 |
Docket Number | 4 Div. 18. |
Parties | LAWSON v. STATE. |
Court | Alabama Court of Appeals |
A. L. Patterson, of Phenix City, for appellant.
A. A. Carmichael, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., for the State.
Appellant was charged under Counts 1 and 2 with burglary and under Count 3 with grand larceny. The jury found the defendant guilty of both burglary and grand larceny. In response to this verdict, the trial court imposed two separate punishments, one for burglary and one for grand larceny.
This double punishment was unauthorized. The constitutional provision that no one shall be put in jeopardy twice for the same offense is broad enough to mean that no one can lawfully be punished twice for different offenses growing out of the same state of facts. Gordon v. State, 71 Ala. 315; Myrick v. State, 20 Ala.App. 18, 100 So. 455.
This is the only question presented for review by this appeal, and the judgment of the court below is otherwise affirmed.
It follows that the cause must be remanded to the court below for proper punishment. It is so ordered.
Affirmed. Remanded for proper sentence.
To continue reading
Request your trial-
Wildman v. State
...Where the identical transaction is the foundation, a verdict of guilt of one excludes a like finding of the other. Lawson v. State, 33 Ala.App. 333, 33 So.2d 405. Therefore, it was error to receive both of the verdicts arising from burglary and larceny at Braswell Hardware Company. See Luca......
-
Livingston v. State
...Hence, since the court pronounced but one sentence of three years in the penitentiary, no question is presented under Lawson v. State, 33 Ala.App. 333, 33 So.2d 405, and Wildman v. State, 42 Ala.App. 357, 165 So.2d Thus, a prima facie case of either or both these crimes would support (apart......
-
Kornegay v. State
...33 So.2d 405 33 Ala.App. 338 KORNEGAY v. STATE. 6 Div. 444.Alabama Court of AppealsJanuary 13, 1948 [33 So.2d 406] ... [33 ... Ala.App ... 87; Sweeney v ... State, 25 Ala.App. 220, 143 So. 586; Skumro v ... State, 234 Ala. 4, 170 So. 776 ... All ... this aside, there was ample evidence tending to corroborate ... ...
-
Scott v. State
...33 So.2d 390 33 Ala.App. 328 SCOTT v. STATE. 5 Div. 251.Alabama Court of AppealsJanuary 13, 1948 [33 So.2d 391] ... Maurice ... F ... purchased by him and received checks for automobiles sold by ... him. On March 4, 1947, he bought an automobile in Atlanta, ... Georgia, and issued a check, in the amount of ... ...