White v. State
Supreme Court of Alabama
Fb,OM the Circuit Court of Madison. Tried before the Hon. FI. C. SpeáKE. The indictment in this case contained two counts; the first charging, that the defendant, “Dixie White, before the finding of this indictment, broke into and entered the dwelling-house of Ben. Matthews, with intent to steal; ” and the second, that he “unlawfully and feloniously took and carried away a watch, of the value of over twenty-five dollars, the property of Ben. Matthews.”
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Fb,OM the Circuit Court of Madison. Tried before the Hon. FI. C. SpeáKE. The indictment in this case contained two counts; the first charging, that the defendant, “Dixie White, before the finding of this indictment, broke into and entered the dwelling-house of Ben. Matthews, with intent to steal; ” and the second, that he “unlawfully and feloniously took and carried away a watch, of the value of over twenty-five dollars, the property of Ben. Matthews.” The defendant pleaded in abatement on account of an alleged misnomer, averring that his true name was Dixie Wyche, and that he never had been…
1Opinion of the CourtSomeryille, J.
Section 4800 of the Code of 1876, as amended by the act of December 4,1878, provides, that “when any property, upon or in relation to which the offense was committed, belongs to several partners or owners, it is sufficient to allege the ownership to be in any one or more of such partners or owners.” — Acts 1878-79, p. 46. The original statute had reference only to personal property, and not real.—Harris v. The State, 60 Ala. 50. The manifest purpose of the amendment is, to extend its operation so as to embrace property of all kinds, whether real, personal, or mixed. It clearty abrogates-*199the…
2Cases cited10 opinions
- Bain v. StateSupreme Court of Alabama · 1878
- Henderson v. StateSupreme Court of Alabama · 1881
- Gooden v. StateSupreme Court of Alabama · 1876
- Taylor v. StateSupreme Court of Alabama · 1872
- McAdory v. StateSupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- Smith v. StateSupreme Court of Alabama · 1901
- Randolph v. StateSupreme Court of Alabama · 1893
- Frost v. StateSupreme Court of Alabama · 1932
- Norman v. StateAlabama Court of Appeals · 1915
20 more not listed; retrieve them via the Exa API.