Smith v. State
Decision Date | 14 November 1972 |
Docket Number | 1 Div. 255 |
Citation | 49 Ala.App. 147,269 So.2d 164 |
Parties | Reginald E. SMITH v. STATE. |
Court | Alabama Court of Criminal Appeals |
David L. Barnett, Mobile, for appellant.
William J. Baxley, Atty. Gen., and Sarah V. Maddox, Asst. Atty. Gen., for the State.
The indictment charged appellant with grand larceny and receiving or concealing stolen property, etc., under Title 14, Section 338, Code of Alabama 1940. The verdict was general, finding him guilty as charged in the indictment. The sentence imposed by the Court was four years imprisonment, from which he has appealed.
Where one count of an indictment is sustained by the evidence, a general verdict of guilty will be referred to that count. Haney v. State,19 Ala.App. 79, 95 So. 57; (See cases cited in Vol. 6A, Ala. Digest, Criminal Law, k 878(2)). The punishment inflicted was not greater than prescribed for either of the counts. Black v. State, 39 Ala.App. 269, 97 So.2d 833.
At the conclusion of the State's evidence, the appellant moved that the evidence be excluded, which motion was overruled by the court.
In brief, the counsel for the appellant adopts the statement of facts set out in the State's brief. The court agrees and hereby adopts the statement with one interpolation set out in parenthesis.
The statement reads as follows:
'The defense rested and then there was a hearing outside the jury concerning a lineup.
'On cross-examination he testified that he made no statements or indications to Mr. Smith during the lineup.
'Officer Mingus' testimony before the jury was in...
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