Herd v. State

Court of Criminal Appeals of Alabama

Herd v. State

326 So. 2d 157, 57 Ala. App. 92, 1976 Ala. Crim. App. LEXIS 1930

CourtCourt of Criminal Appeals of Alabama

DecidedJanuary 20, 1976

Docket2 Div. 144

StatusPublished

This text of 326 So. 2d 157 (Herd v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herd v. State, 326 So. 2d 157, 57 Ala. App. 92, 1976 Ala. Crim. App. LEXIS 1930 (Ala. Ct. App. 1976).

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Opinion

CATES, Presiding Judge.

These are appeals from convictions on misdemeanor charges of assault and battery, insulting peace officers and resisting arrest. All the sentences were assessed to run consecutively.¹

No exception was taken to the oral charge to the jury. Trial was had on the complaints originally filed in the county court.

We have examined the record and consider that all the judgments are due to be affirmed. However, under Code 1940, T. 15, § 287, the sentence of appellant Alexander for resisting arrest should run concurrently with the sentence for assault and battery on Deputy Sheriff R. P. Bridges.² [93]*93See Yelton v. State, 56 Ala.App. 272, 321 So.2d 234; Burress v. State, 56 Ala.App. 414, 321 So.2d 752.

Affirmed but one judgment remanded for proper sentence.

All the Judges concur, except DeCARLO, J., who concurs in result.

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CATES, Presiding Judge.

These are appeals from convictions on misdemeanor charges of assault and battery, insulting peace officers and resisting arrest. All the sentences were assessed to run consecutively.¹

No exception was taken to the oral charge to the jury. Trial was had on the complaints originally filed in the county court.

We have examined the record and consider that all the judgments are due to be affirmed. However, under Code 1940, T. 15, § 287, the sentence of appellant Alexander for resisting arrest should run concurrently with the sentence for assault and battery on Deputy Sheriff R. P. Bridges.² [93]*93See Yelton v. State, 56 Ala.App. 272, 321 So.2d 234; Burress v. State, 56 Ala.App. 414, 321 So.2d 752.

Affirmed but one judgment remanded for proper sentence.

All the Judges concur, except DeCARLO, J., who concurs in result.

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Bluebook (online)

326 So. 2d 157, 57 Ala. App. 92, 1976 Ala. Crim. App. LEXIS 1930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herd-v-state-alacrimapp-1976.

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