Levy v. State
Supreme Court of Alabama
From the Circuit Court of Lee. Tried before the Hon. H. L). Clayton. The defendant in this case was indicted for the larceny of “one five-dollar bill, commonly known and called greenback, currency of the United States, of the value of five dollars, the personal property of James M. Ford.”
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From the Circuit Court of Lee. Tried before the Hon. H. L). Clayton. The defendant in this case was indicted for the larceny of “one five-dollar bill, commonly known and called greenback, currency of the United States, of the value of five dollars, the personal property of James M. Ford.” He demurred to the indictment, “ because it fails to allege the number or denomination of the bill, or that it was to the grand jury unknown ;” 4nd his demurrer being overruled, he pleaded not guilty. On the trial, as appears from the,bill of exceptions, the prosecutor testified, in substance, that he came…
1Opinion of the CourtSomerville, J.
The defendant is charged with stealing “ one five-dollar bill, commonly known and called greenback, currency of the United States, of the value of five dollars.” It is insisted that this description of the thing alleged to have been stolen is obnoxious to the'charge of uncertainty. The purpose of description is to identify, or individualize the transaction. To make a prima facie case, the indictment must show that the thing stolen was the subject of larceny. The certaint}' required must be such as to inform the defendant of the nature and cause of the accusation against him. The main purposes…
2Cases cited8 opinions
- Grant v. StateSupreme Court of Alabama · 1876
- Grattan v. StateSupreme Court of Alabama · 1882
- Hildebrand v. . People of the State of N.Y.New York Court of Appeals · 1874
- Johnson v. StateSupreme Court of Alabama · 1883
- Rountree v. StateSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Verberg v. StateSupreme Court of Alabama · 1902
- Knight v. StateSupreme Court of Alabama · 1907
- Sanders v. StateSupreme Court of Alabama · 1972
- Gady v. StateSupreme Court of Alabama · 1887
- Eggleston v. StateSupreme Court of Alabama · 1900
16 more not listed; retrieve them via the Exa API.