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Legal Opinion

Yates v. State

Supreme Court of Alabama

Decided April 29, 1944No. 7 Div. 787PublishedCited by 26 opinions

1Opinion of the Court

FOSTER, Justice.

In this case petitioner complains that on his conviction under section 98, Title 29, Code of 1940, he was sentenced for a hard labor term which exceeds the maximum prescribed by section 99, Title 29, Code, for a first offender: that the indictment did not charge as for a subsequent offense, and that he had no opportunity to be heard on that question in violation of Article 1, section 6, Constitution of Alabama.

We have in this State more than one statute which provides for a greater punishment on a second conviction for the same sort of offense. Section 16, Title 14, Code of…

2Cases cited10 opinions

  1. Robertson v. StateAlabama Court of Appeals · 1940
  2. Cross v. StateSupreme Court of Alabama · 1885
  3. Lyles v. StateAlabama Court of Appeals · 1921
  4. Mitchell v. StateAlabama Court of Appeals · 1928
  5. Williams v. StateSupreme Court of Alabama · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Erlinger v. United StatesSupreme Court of the United States · 2024
  2. Erlinger v. United StatesSupreme Court of the United States · 2024
  3. State v. JohnsonIdaho Supreme Court · 1963
  4. Arthur v. StateCourt of Criminal Appeals of Alabama · 1984
  5. Thigpen v. StateCourt of Criminal Appeals of Alabama · 1977

21 more not listed; retrieve them via the Exa API.

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