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170 Ala. 69

Fulton v. State

Supreme Court of Alabama

Decided January 11, 1911

Supreme Court of Alabama · decided 1911-01-11

Heard before Hon. William Jackson. James Pulton was indicted under two separate indictments for violating the prohibition laws and brings the two judgments of conviction up in the same record. Counsel discuss the assignments of error as shown by the record, and cites authority in support of his contention, but does not discuss the question decided.

Relies on Mobile Improvement & Building Co. v. Stein

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1911-01-11

How this case has been cited

Cited by 6 later decisions — most recently May 1942

6 state decisions

301911192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1This single transcript contains two indictments, two warrants returned executed, two appearance bonds, and two judgments of conviction of this appellant. It is recited in the bill of exceptions: “On striking (and) qualifying the jury in the two cases pending against the defendant, numbered as cases Nos. 2,806 and 2,807, it was agreed in open court by the defendant and the solicitor for the state, and which agreement was sanctioned and assented to by the defendant’s attorneys, that the one jury should try the two cases, should render separate verdicts in each case, and the exceptions and rulings should relate to each case as the same applied, and the facts should be confined to each case as the same applied, and in all things should stand as a separate trial in each case, except that the same jury should try both cases and render verdicts in each case accordingly.” Upon the authority of Mobile Improvement & Building Co. v. Stein, 158 Ala. 113, 48 South. 368, this appeal must be dismissed.

¶2Appeal dismissed.

Dowdell, O. J., and Simpson and Mayfield, JJ., concur.
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