Wilkerson v. State

PRICE, Judge.

The indictment contained three counts. Count one charged in the alternative that defendant assaulted Peggy Wilkerson with the intent to forcibly ravish, or with the intent to murder her. Count two charged assault with intent to ravish the said Peggy Wilkerson and count three charged assault with intent to murder her. The jury found defendant guilty under counts two and three. Judgment was entered on each count and separate sentences imposed as to each count.

In Ex parte State, 197 Ala. 419; 73 So. 35, 37, the concurring opinion states:

“ * * * indictments may properly join several…