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STATE v. BRITAIN

1 Div. 216.

489 So.2d 700 (1986)

STATE of Alabama v. John E. BRITAIN, alias.

Court of Criminal Appeals of Alabama.

May 13, 1986.

Attorney(s) appearing for the Case

James M. Byrd, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

The appellee, John E. Britain, alias, was charged by a three-count indictment; two counts charged Britain with the offense of use of official position or office for personal gain, as proscribed by § 36-25-5, Code of Alabama 1975. On Britain's motion to dismiss, the circuit court dismissed these two counts on the ground that § 36-25-27(a), the punishment provision for a violation of the Code of Ethics, is unconstitutional because it authorizes...

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