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.