Jackson v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. John H. Miller. John Jackson was convicted of petit larceny, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. John H. Miller. John Jackson was convicted of petit larceny, and he appeals. Omitting formal charging part, the affidavit is as follows: F. M. Phillips, who has probable cause to believe, and does believe, who being duly sworn says, that John Jackson, whose! name is otherwise unknown to affiant, within 12 months before making this affidavit in said county, did feloniously take and carry away one ham of the value of $2.61, and one side of salt meat of the value of $3, the personal property of the Birmingham Packing Company,- a corporation.
1Opinion of the CourtEvans, J.
(1-4) Appellant was convicted of petit larceny. His demurrers to the affidavit or sworn complaint are without merit. The first of these objects that: “Said affidavit fails to show whether the alleged owner of said property, the Birmingham Packing Company, is a partnership or a corporation.”
The language of the affidavit sufficiently answers, It is laid as “the personal property of the Birmingham Packing Company, a corporation.” The second and third grounds of demurrer chai*101lenge the sufficiency of the averments of the affidavit as to probable cause. The affidavit sets forth that affiant “has…
2Cases cited11 opinions
- Butler v. StateSupreme Court of Alabama · 1900
- Bolling v. FanninSupreme Court of Alabama · 1892
- Hart v. KendallSupreme Court of Alabama · 1886
- McDonald v. CarnesSupreme Court of Alabama · 1890
- Fuller v. StateSupreme Court of Alabama · 1872
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