Phelps v. State

3 Citing cases

  1. State v. Allen

    208 W. Va. 144 (W. Va. 1999)   Cited 106 times
    Concluding that unpublished opinion cited from another jurisdiction was not persuasive

    Main Vol. 1985)), which permits courts to impose sentence where punishment is not defined by statute, as limiting to ten years term of incarceration for misdemeanor convictions); Tilley v. Wyoming, 912 P.2d 1140 (Wyo. 1996) (affirming lower court's imposition of seven consecutive one-year sentences for seven misdemeanor obscene telephone call convictions). Cf. Phelps v. Alabama, 16 Ala. App. 161, 75 So. 877 (1917) (holding that when aggregate of consecutive sentences for misdemeanor offenses is greater than two years' confinement in the county jail, defendant should be sentenced instead to state penitentiary). C. Equal Protection

  2. Phelps v. State

    76 So. 997 (Ala. 1917)

    SOMERVILLE, J. Petition by C. C. Phelps for certiorari to the Court of Appeals to review and revise the judgment of said court rendered in the case of C. C. Phelps v. State of Alabama, 75 So. 877. Writ denied.

  3. Sanders v. State

    79 So. 312 (Ala. Crim. App. 1918)   Cited 13 times

    " There is clearly no merit in this contention, as the provision of the statute (Acts 1915, p. 31, ยง 30) is that "indictments, informations, complaints, or affidavits for any violation" of the prohibition law "may set out several charges in separate counts, and the accused may be convicted and punished upon each one as upon separate informations, indictments, complaints or affidavits and judgment shall be rendered on each count under which there is a finding of guilty." Phelps v. State, ante, p. 161, 75 So. 877. The affidavit in the instant case contained eight counts, and under the law, if the evidence warranted it, the defendant could have been convicted of as many different offenses. The doctrine of election as announced in Joyner v. State, ante, p. 240, 77 So. 78, cited by appellant, has no application here.