Gunter v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. George E. Brewer. The appellant was indicted, tried and convicted for an assault with intent to murder one Monroe Debtor, and sentenced to the penitentiary for six years. The defendant interposed a plea of former acquittal, the averments of which are sufficiently set forth in- the opinion.
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Appeal from the Circuit Court of Blount. Tried before the Hon. George E. Brewer. The appellant was indicted, tried and convicted for an assault with intent to murder one Monroe Debtor, and sentenced to the penitentiary for six years. The defendant interposed a plea of former acquittal, the averments of which are sufficiently set forth in- the opinion. To this plea the State demurred on.the grounds, 1st, that the plea shows on its face that the offense charged in the indictment was a different and distinct offense from the one alleged in the plea; and 2d, that the defendant was.triedfor the…
1Opinion of the CourtHaralson, J.
1. It is the settled rule of this court, that a defendant cannot be lawfully punished for two distinct felonies, growing out of the same identical act, and where one is a necessary ingredient of the other ; that a series of charges cannot be based upon the same offense, and subdivided into two or more indictable crimes. So, it has been held, that where the same act of unlawful shooting resulted in the death of two persons, an acquittal or conviction on the trial of one would be a good defense on a second trial for'the alleged murder of the other, for the reason that the killing Constituted…
2Cases cited8 opinions
- Clem v. StateIndiana Supreme Court · 1873
- Roberts v. StateSupreme Court of Alabama · 1880
- Gordon v. StateSupreme Court of Alabama · 1882
- Moore v. StateSupreme Court of Alabama · 1882
- Hurst v. StateSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Vogel v. StateCourt of Criminal Appeals of Alabama · 1980
- Smith v. StateSupreme Court of Alabama · 1913
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- McGuff v. StateSupreme Court of Alabama · 1946
- Free v. StateCourt of Criminal Appeals of Alabama · 1984
74 more not listed; retrieve them via the Exa API.