Gaines v. State

Court of Criminal Appeals of Alabama

Gaines v. State

337 So. 2d 12, 1976 Ala. Crim. App. LEXIS 1681

Procedural entryThis page is a short order in Gaines v. State. Read the opinion of the Court — 52 Ala. App. 29 →

Court of Criminal Appeals of Alabama·Decided August 24, 1976·No. 1 Div. 659·Published

Opinion

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent here and below, was indicted, tried, convicted of murder in the second degree, and sentenced to twenty-one years imprisonment.

This case is a companion to the cases of Landry v. State, 56 Ala.App. 421, 321 So.2d 759; Wright v. State, Ala.Cr.App., 333 So.2d 215. All three indictments arose out of the same homicide at which time all three defendants were present and partici[13]*13pated as principals or accomplices. The evidence in all three is essentially the same.

We find no errors in the rulings of the court. This instant judgment is due to be affirmed on authority of Landry and Wright, supra. It is so ordered.

The foregoing opinion was prepared by the Honorable BOWEN W. SIMMONS, Supernumerary Circuit Judge, serving as a judge of this Court under Section 2 of Act No. 288, Acts of Alabama, July 7, 1945, as amended; his opinion is hereby adopted as that of the Court.

The judgment below is hereby

AFFIRMED.

TYSON, HARRIS, DeCARLO and BOOKOUT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent here and below, was indicted, tried, convicted of murder in the second degree, and sentenced to twenty-one years imprisonment.

This case is a companion to the cases of Landry v. State, 56 Ala.App. 421, 321 So.2d 759; Wright v. State, Ala.Cr.App., 333 So.2d 215. All three indictments arose out of the same homicide at which time all three defendants were present and partici[13]*13pated as principals or accomplices. The evidence in all three is essentially the same.

We find no errors in the rulings of the court. This instant judgment is due to be affirmed on authority of Landry and Wright, supra. It is so ordered.

The foregoing opinion was prepared by the Honorable BOWEN W. SIMMONS, Supernumerary Circuit Judge, serving as a judge of this Court under Section 2 of Act No. 288, Acts of Alabama, July 7, 1945, as amended; his opinion is hereby adopted as that of the Court.

The judgment below is hereby

AFFIRMED.

TYSON, HARRIS, DeCARLO and BOOKOUT, JJ., concur.

Gaines v. State, 337 So. 2d 12, 1976 Ala. Crim. App. LEXIS 1681 (Ala. Ct. App. 1976).

Pincite

337 So. 2d 12 (Gaines v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related