Boatner v. State
Alabama Court of Appeals
Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Lester Boatner was convicted of carrying a concealed pistol, and of public drunkenness, and he appeals.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Lester Boatner was convicted of carrying a concealed pistol, and of public drunkenness, and he appeals. All the exceptions raise the same question, and that is whether defendant can be indicted, tried and convicted of two séparate and distinct and non-kindred misdemeanors charged in separate counts of the same indictment.- — James v. State, 104 Ala. 20; Neville v. State, IBB Ala. 99. If the offenses are of the same class this may be justified if the punishment is similar. — Guarreno v. State, 157 Ala. 17; 20 Cyc. 401.…
1Opinion of the CourtWalker, P. J.
— The indictment in this case contained three counts, which, respectively, charged the defendant with carrying a pistol concealed about his person, with carrying a pistol about his person on premises not his own or under his control, and with public drunkenness. By demurrer to the indictment, by motion to require the prosecution to elect, and by exceptions to the action of the court in giving and refusing instructions to the jury, the defendant raised the questions of the rigid of 1ho state to join in one indictment the sep*363arate offenses, alleged, and, on the trial under such indictment, to…
2Cases cited7 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Wooster v. StateSupreme Court of Alabama · 1876
- Crittenden v. StateSupreme Court of Alabama · 1901
- Burt v. StateSupreme Court of Alabama · 1909
- Swanson v. StateSupreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Robinson v. StateCourt of Criminal Appeals of Alabama · 1982
- Phillips v. StateCourt of Criminal Appeals of Alabama · 2010
- Gunn v. City of BirminghamCourt of Criminal Appeals of Alabama · 1981
- Calhoun v. StateCourt of Criminal Appeals of Alabama · 1993