Opinion
4 Div. 283.
March 18, 1943. Rehearing Denied April 15, 1943.
Certiorari to Court of Appeals.
Petition of Foster Wiggins for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in the case of Wiggins v. State, 12 So.2d 756.
Writ denied.
Murphy Cook, of Andalusia, for the petition.
It is petit larceny to take fifteen dollars from the thief under circumstances constituting receiving stolen property, and it is immaterial how the original taking occurred. Code 1940, Tit. 14, § 338.
Wm. N. McQueen, Acting Atty. Gen., opposed.
There was a general verdict finding the defendant guilty as charged in the indictment. The several counts of the indictment each charge, in statutory form, the commission of a felony, kindred crimes, subject to like punishment, to be fixed by the Court. In imposing a single penalty and sentence, the court was authorized to refer the conviction to any one of said counts. Scott v. State, 37 Ala. 117; Cawley v. State, 37 Ala. 152; Arden v. State, 6 Ala. App. 64, 60 So. 538; Lucas v. State, 144 Ala. 63, 39 So. 821, 3 L.R.A., N.S., 412; Hughes v. State, 11 Ala. App. 307, 66 So. 844.
The writ of certiorari is due to be denied. It is so ordered.
Writ of certiorari denied.
GARDNER, C. J., and THOMAS and LIVINGSTON, JJ., concur.