Lyner v. State

1 Citing case

  1. Thomas v. State

    435 So. 2d 1319 (Ala. Crim. App. 1981)   Cited 13 times

    Section 13A-5-9 has recently been held by this Court to be constitutional, and does not violate the due process, or ex post facto clauses of the constitution. Watson v. State, supra; Johnson v. State, Ala.Cr.App., 398 So.2d 393; Lyner v. State, Ala.Cr.App., 398 So.2d 420; Williams v. State, Ala.Cr.App., 393 So.2d 492; Smith v. State, Ala.Cr.App., 392 So.2d 1273. The third and fourth prejudicial errors argued in appellant's brief are that the trial court refused to charge the jury on the lesser offense of trespass in the third degree, and refused to give written charges numbers 1, 2, 3, and 10 requested by the appellant.