Rampey v. State

On December 5, 1980, the Etowah Grand Jury indicted appellant. The indictment was in two counts: Count I, theft of property in the second degree, and Count II, violation of36-25-5 (a), Code of Alabama 1975, the Alabama Ethics Act.

Appellant's trial began on March 30, 1981. At the close of the trial, the trial court instructed the State to elect between the two separate offenses with which appellant was charged in the indictment. The State elected to proceed under Count II of the indictment, violation of the Ethics Act.

The jury returned a verdict of guilty on April 1, 1981 and the trial court…