Bailey v. State
Supreme Court of Alabama
Ebom tbe City Court of Gadsden. Tried before tbe Hon. John H. Disque. cited Point v. State, 37 Ala. 148; Henry v. State, 39 Ala. 679; Moore v. State, 40 Ala. 49; 35 Ala. 363; 6 Ala. 8,85; 94 Amer. Dec. 257, or 19 So. Car. 140; 1 Greenl. Ev. § 65; Bisb. Stat. Crimes, §§ 70, 233-4, 425; 10 Amer. & Eng. Encyc. Law, 549; 12 lb. 829, n. 3. Tbe indictment is in tbe form prescribed, and tbat form bas remained unchanged for nearly forty years.
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Ebom tbe City Court of Gadsden. Tried before tbe Hon. John H. Disque. cited Point v. State, 37 Ala. 148; Henry v. State, 39 Ala. 679; Moore v. State, 40 Ala. 49; 35 Ala. 363; 6 Ala. 8,85; 94 Amer. Dec. 257, or 19 So. Car. 140; 1 Greenl. Ev. § 65; Bisb. Stat. Crimes, §§ 70, 233-4, 425; 10 Amer. & Eng. Encyc. Law, 549; 12 lb. 829, n. 3. Tbe indictment is in tbe form prescribed, and tbat form bas remained unchanged for nearly forty years. It was beld sufficient when tbe statute only denounced larceny in a dwelling-bouse or store-bouse; and it would be a strange construction wbicb would now bold…
1Opinion of the CourtStone, C. J.
The defendant was indicted for larceny from a store-house under section 3789 of the Code of 1886. The indictment pursues the form No. 51, example 3, of that Code; and is in the following language: “The grand jury charges that, before the finding of this indictment, Sam Railey, whose true Christian name is to the grand jury unknown otherwise than as stated, feloniously took and carried away from -a store-house one shirt, of the value of seventy-five cents, -the personal property of Max Long, against the peace,” &c. The testimony tends to prove, and does prove, that the defendant feloniously…
2Cases cited5 opinions
- Smith v. StateSupreme Court of Alabama · 1879
- Wilson v. StateSupreme Court of Alabama · 1878
- Weed v. StateSupreme Court of Alabama · 1876
- Moore v. StateSupreme Court of Alabama · 1866
- Point v. StateSupreme Court of Alabama · 1861
3Cited by10 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Powell v. StateSupreme Court of Alabama · 1932
- Whitehead v. StateAlabama Court of Appeals · 1918
- Coleman v. StateSupreme Court of Alabama · 1907
- Thomas v. StateSupreme Court of Alabama · 1908
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