Grant v. State
Supreme Court of Alabama
Ebom the Circuit Court of Coosa. Tried before the Hon. JoHN HendebsoN. Tlie indictment in tbis case contained only a single count, which charged that the defendant “ feloniously took and carried away ten twenty-dollar gol pieces of American coinage, ninety dollars in silver coin, the description of which is to the grand jury unknown, three hundred and twenty dollars in national currency of the United States, the description of which (?) the denomination of which is to the…
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Ebom the Circuit Court of Coosa. Tried before the Hon. JoHN HendebsoN. Tlie indictment in tbis case contained only a single count, which charged that the defendant “ feloniously took and carried away ten twenty-dollar gol pieces of American coinage, ninety dollars in silver coin, the description of which is to the grand jury unknown, three hundred and twenty dollars in national currency of the United States, the description of which (?) the denomination of which is to the grand jury unknown, of the value of six hundred dollars, the personal property of George P. Waite; against the peace,” &c.…
1Opinion of the Court
BRICKELL, C. J. —
Neither clerical nor grammatical errors vitiate an indictment, unless they change tbe words, or obscure tbe sense. It is simply impossible to read this indictment, and be in doubt .as to tbe words intended, or their import. Tbe omission of tbe letter d from tbe word gold,' converting it into gol, is a mere clerical error, or bad spelling, on tbe part of tbe pleader. Tbe sense is not obscured — it is tbe same as if tbe letter bad been inserted; and in reading, many persons would not observe tbe omission, and those who did would involuntarily cure it in pronunciation. The…
2Cases cited13 opinions
- King v. StateSupreme Court of Alabama · 1867
- Mose v. StateSupreme Court of Alabama · 1860
- State v. MurphySupreme Court of Alabama · 1844
- Edmundson v. StateSupreme Court of Alabama · 1850
- Du Bois v. StateSupreme Court of Alabama · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Sanders v. StateSupreme Court of Alabama · 1965
- Bartley v. StateNebraska Supreme Court · 1898
- Griffith v. StateSupreme Court of Alabama · 1891
- State v. DixsonMontana Supreme Court · 1927
- Duvall v. StateSupreme Court of Alabama · 1879
50 more not listed; retrieve them via the Exa API.