Gray v. State

338 So.2d 444 (1976)

James GRAY, alias

v.

STATE.

3 Div. 427.

Court of Criminal Appeals of Alabama.

August 24, 1976.

Rehearing Denied November 5, 1976.

George H. B. Mathews, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Milton C. Davis, Asst. Atty. Gen., for the State.

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted in count one for burglary in the second degree, and for grand larceny in count two. A jury convicted on both counts. The trial court imposed separate sentences of five years on each count.

It appears that the same transaction supports both grand…