Legal Opinion

Rowell v. State

Court of Criminal Appeals of Alabama

Decided July 5, 1983PublishedCited by 12 opinions

1Opinion of the Court

The defendant was indicted and convicted for burglary in the third degree in violation of Alabama Code Section 13A-7-7 (1975). Sentence was six years' imprisonment. Two issues are presented on appeal.

I

The defendant's prior conviction for criminal mischief in the second degree did not bar his prosecution for burglary in the second degree under the principles of former jeopardy. In a prosecution for criminal mischief in the second degree in violation of Alabama Code Section 13A-7-22 (a) (1975), the State must establish the following elements: (1) The property was actually damaged, (2) the…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Iannelli v. United StatesSupreme Court of the United States · 1975
  4. Illinois v. VitaleSupreme Court of the United States · 1980
  5. Gilmore v. StateSupreme Court of Alabama · 1892

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

3Cited by12 opinions

  1. Doster v. StateCourt of Criminal Appeals of Alabama · 2010
  2. Ex Parte WrightSupreme Court of Alabama · 1985
  3. Johnson v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Phillips v. StateCourt of Criminal Appeals of Alabama · 2010
  5. Ex Parte RowellSupreme Court of Alabama · 1984

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API