Opinion

Ex Parte Beverly

  • 497 So. 2d 519
Court
Supreme Court of Alabama
Filed
Aug 8, 1986
Status
Published
Author
Almon
On the bench
Almon, Houston, Jones
Cited by
40 cases
Authority
More cited than 15.1%

recognizing that “although a single act may constitute separate offenses, only one prosecution may be sustained, for the reason that the lesser offense is merged into the greater”

How later courts described this case

  • recognizing that “although a single act may constitute separate offenses, only one prosecution may be sustained, for the reason that the lesser offense is merged into the greater”
  • explaining and overruling in partColeman v. State, 373 So.2d 1254 (Ala.Crim.App. 1979)
  • wherein Judge Taylor, writing for a unanimous court, briefly and pragmatically addressed § 15-3-6
  • robbery-intentional killing .embraced the lesser included offense of grand larceny

Written by the judges who cited it.

The opinion

I must respectfully dissent from that portion of the opinion which holds that Ex parte Bynum , 294 Ala. 78 , 312 So.2d 52

(1975), changes the statute of limitations for the crime of rape. As to the remainder of the opinion, I concur in the result only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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