Opinion
2 Div. 144.
January 20, 1976.
Appeal from the Circuit Court, Marengo County, Claud D. Neilson, J.
No brief for appellant.
William J. Baxley, Atty. Gen., and Jack A. Blumenfeld, Asst. Atty. Gen., for the State.
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.
Counsel for appellants did not file a brief.
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. See Yelton v. State, 56 Ala. App. 272, 321 So.2d 234; Burress v. State, 56 Ala. App. 414, 321 So.2d 752.
Circuit Court case numbers 6934 and 6935.
Affirmed but one judgment remanded for proper sentence.
All the Judges concur, except DeCARLO, J., who concurs in result.