Ex Parte State, in re Brooms v. State
Supreme Court of Alabama
. Certiorari to Court of Appeals. Application by the State of Alabama for certiorari to the Court of Appeals to review and revise the judgment of said court, reversing and remanding the appeal of Hugh Brooms against the State, 15 Ala. App. 72 South. 691.
1ConcurrenceMayfield, J.
(concurring). — I concur in denying the application of the state for certiorari in this case, but do not desire to commit myself to the proposition that the defendant, in all cases in which he is properly charged with several misdemeanors m the alternative, in one count of the indictment, has the right to require the state to elect as to which of the offenses so charged it will seek a conviction.
(1-3) Section 7151 of the Code authorizes two or more offenses to be so charged in one count; while at common law each count was required to state but one offense, though several offenses of the same…
2Cases cited13 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Wooster v. StateSupreme Court of Alabama · 1876
- Mayo v. StateSupreme Court of Alabama · 1857
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Commonwealth v. BirdsallSupreme Court of Pennsylvania · 1872
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