Kirkland v. State

Paul Kirkland was indicted in two counts by the Mobile County Grand Jury in 1984. The first count of the indictment charged this appellant with a violation of the "Alabama Ethics Act," specifically § 36-25-7(a), Code of Alabama 1975. The second count charged the appellant with theft in the first degree in violation of § 13A-8-3, Code of Alabama 1975.

In November of 1985, the appellant stood trial on these two charges. During the course of the trial, the trial judge granted the appellant's motion for judgment of acquittal on the theft charge and dismissed this count of the indictment. The jury…