Haraway v. State

Alabama Court of Appeals

Haraway v. State

117 So. 612, 22 Ala. App. 553, 1928 Ala. App. LEXIS 213

CourtAlabama Court of Appeals

DecidedJune 30, 1928

Docket8 Div. 636.

StatusPublished

Cited by4 cases

This text of 117 So. 612 (Haraway v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Haraway v. State, 117 So. 612, 22 Ala. App. 553, 1928 Ala. App. LEXIS 213 (Ala. Ct. App. 1928).

Pincite

Opinion

SAMFORD, J.

The defendant was prosecuted and convicted in á justice of the peace court on a charge of public drunkenness, and for the same act was indicted and convicted here of disturbing religious worship. Defendant filed plea of former conviction and not guilty. The evidence discloses that both prosecutions were based upon the same state of facts and for the same act.

The same act, although it may be a violation of several statutes, may not be made the basis of a series of prosecutions. The state is the actor, and must elect as to which violation it will prosecute, and, when it has so elected, all others are precluded. Jones v. State, 19 Ala. App. 600, 99 So. 770; Savage v. State, 18 Ala. App. 299, 92 So. 19; Moore v. State, 71 Ala. 307; Hurst v. State, 86 Ala. 604, 6 So. 120, 11 Am. St. Rep. 79.

The evidence in this record showing a state of facts which would preclude a conviction, it could serve no good purpose to remand this cause.

The judgment is reversed, the prosecution is dismissed, and the defendant discharged.

Reversed and rendered.

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