Snow v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before Hon. John K Henry. The indictment in this case contained two counts.
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Appeal from the Circuit Court of Wilcox. Tried before Hon. John K Henry. The indictment in this case contained two counts. The first count charged “that Walter Snow and Marion Crum did, with the intent to steal, break into and enter the cotton house of Thomas Avery, a building in which cotton in the seed was then and there kept for use or deposit, and did then and there in said cotton house, feloniously take and carry away one hundred pounds of cotton in the seed, the personal property of Thomas Avery, of the value of four dollars, against the peace,” &c. The second count charged that Snow…
1Opinion of the CourtBrickell, C. J.
The demurrer to the indictment rests on the ground that two offenses, burglary and petty larceny, are charged in the same count, and therefore the couut is bad for duplicity. The general rule that two offenses cannot be charged in the same count has many exceptions under our statute. At common law, in England, it is a common practice in an indictment for burglary, to aver in the same count, the breaking and, entry with intent to steal, and also the larceny actually committed in the place entered. 1 Bish. Cr. Pro. § 439. The whole is a single transaction, dependent on the same facts, and the…
2Cases cited1 opinion
- Wolf v. StateSupreme Court of Alabama · 1873
3Cited by10 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Wesson v. StateSupreme Court of Alabama · 1939
- Brown v. StateMississippi Supreme Court · 1911
- Stone v. StateCourt of Criminal Appeals of Texas · 1924
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