Livingston v. State

Livingston appeals from a judgment of conviction based on a general verdict of guilt. The indictment was in two counts: one for statutory burglary, second degree; the other for grand larceny.1

The Legislature has prescribed the same statutory range of maximum and minimum punishment for both these crimes. Code 1940, T. 14, § 86 (burglary, second), and § 331, as amended (grand larceny). 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…