Croker v. State
Supreme Court of Alabama
Appeal from Circuit Court of Calhoun. Tried, before Hon. W. L. Whitlock. The indictment in this case was as follows, omitting the caption, The defendant went to trial on plea of not guilty, and the jury returned the following verdict: “We, the jury, find the defendant guilty of robbery; imprisonment ten years in penitentiary.”
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Appeal from Circuit Court of Calhoun. Tried, before Hon. W. L. Whitlock. The indictment in this case was as follows, omitting the caption, The defendant went to trial on plea of not guilty, and the jury returned the following verdict: “We, the jury, find the defendant guilty of robbery; imprisonment ten years in penitentiary.” The court passed sentence on this verdict on October 14, 1871, but the judgment entry does not show that defendant was asked before sentence was passed if he had. anything to say why judgment should not be awarded against him. There was no bill of exceptions taken on…
1Opinion of the CourtB. E. Saeeold, J.
The indictment chargéd the appellant with feloniously taking “ten dollars in money of United States currency, and five gallons of whiskey, less one pint, the property of Lemuel Reaves, from his- person and presence, and against his will, by putting him in such fear as imwillingly to part with the same.”
The description of the money is too indefinite. The term “currency,” when applied to the medium of trade, means equally coin, bank notes, or notes issued by the government.- — Webster’s Dict.
The averment that the taking of the money and whiskey was from the person and presence of the party…
2Cases cited4 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Franklin v. StateSupreme Court of Alabama · 1856
- Perry v. StateSupreme Court of Alabama · 1869
- Flanagan v. StateSupreme Court of Alabama · 1871
3Cited by14 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Grant v. StateSupreme Court of Alabama · 1876
- O'Donnell v. PeopleIllinois Supreme Court · 1906
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1979
- Leonard v. StateSupreme Court of Alabama · 1896
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