Mayes v. State

BOOKOUT, Judge.

Appellant was convicted by a jury under a two count indictment, charging second degree burglary in one count and grand larceny in the other. The jury returned a general verdict of “guilty as charged” and *457the trial court rendered the following judgment:

“The court adjudges you guilty of the offense of burglary in the second degree and grand larceny, both. The court sentences you to imprisonment in the penitentiary of Alabama for six years.

I

The sole contention of appellant is that the trial court should have referred the sentence to one of the counts, where there was a general…