Chappell v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The opinion states the case. 1. The first count is defective because it fails to charge a felonious intent. Wharton Precedents, 411; 18 Ala. 538. The second is bad, because it does not show that the taking was “against his will.” 11 Humphreys, 167; 12 Ga. 293; 3 Wash.
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The opinion states the case. 1. The first count is defective because it fails to charge a felonious intent. Wharton Precedents, 411; 18 Ala. 538. The second is bad, because it does not show that the taking was “against his will.” 11 Humphreys, 167; 12 Ga. 293; 3 Wash. C. C. 209 ; Form No. 12, p. 809 R. C. The allegation, “by putting him in such fear as unwillingly to part,” &c., is not equivalent to an averment that the taking was against Ms will. The Code punishes, but does not define robbery, and hence, common law…
1Opinion of the CourtManning, J.
Appellants were found guilty upon an indictment by which it was intended to charge them with the crime of robbery; and a motion in arrest of judgment was made on the ground of insufficiency of the indictment. In this there are two counts ; the first of which is in the form prescribed by the Revised Code (p. 809, Form No. 12), except that it does not contain the word “ feloniously,” in charging the acts constituting the offence. This omission is fatal. Without it, or some corresponding expression, there is nothing in the indictment to show that the persons engaged in the affair were not merely…
2Cases cited1 opinion
- Jordan v. LoftinSupreme Court of Alabama · 1848
3Cited by8 opinions
- Sockwell v. StateCourt of Criminal Appeals of Alabama · 1993
- Harris v. StateCourt of Criminal Appeals of Alabama · 1992
- Thomas v. StateSupreme Court of Alabama · 1890
- Williams v. StateCourt of Criminal Appeals of Alabama · 1988
- Frye v. StateCourt of Criminal Appeals of Alabama · 1979
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