Lawson v. State

Decided January 13, 1948

Alabama Court of Appeals · decided 1948-01-13

Key passage — most relied on by later courts

“"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."”

quoted by 1 later decision, including 484 So. 2d 1150 - McClellan v. State

Relies on Gordon v. State · 20 Ala. App. 17 - Rock v. State · 20 Ala. App. 18 - Myrick v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1948-01-13

How this case has been cited

Cited by 23 later decisions — most recently November 1985

23 state decisions

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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CARR, Judge.

¶1 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.

¶2 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.

¶3 This is the only question presented for review by this appeal, and the judgment of the court below is otherwise affirmed.

¶4 It follows that the cause must be remanded to the court below for proper punishment. It is so ordered.

¶5 Affirmed. Remanded for proper sentence.