Code of Alabama
Ala. Code § 15-8-52 (2026)
Joinder of Offenses in Same Count.
✓ official Alabama Legislature (ALISON) text, current July 2026
When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.
(Code 1852, §575; Code 1867, §4125; Code 1876, §4798; Code 1886, §4385; Code 1896, §4913; Code 1907, §7151; Code 1923, §4546; Code 1940, T. 15, §249.)
Notes of Decisions
Cited in 3
cases, 1985–1990 · leading case: Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988).
Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). “" § 15-8-52: "When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.”
Crittenden v. State, 476 So. 2d 626 (Ala. Crim. App. 1985). “1978), `[T]his is permissible under our statute [§ 15-8-52, Code of Alabama 1975] ... and places no obligation upon the prosecution to elect beforehand which of those offenses it intends to prove.”
Bates v. State, 574 So. 2d 868 (Ala. Crim. App. 1990). “The appellant cites § 15-8-52, Code of Alabama (1975), which states: “When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.”
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