Gabriel v. State
Supreme Court of Alabama
From tbe Circuit Court of Marengo. Tried before tbe Hon. James Cobbs. The indictment in this case was found on tbe 24tb March, 1866, and contained two counts; tbe first count charging that the defendant, who was described as “Gabriel, a freedman”, “did steal a mule, the personal property of J. L. Terrell”; and the second, that he “did steal a horse, mare, gelding, colt, filly, or mule, the personal property of J. L. Terrell.”
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From tbe Circuit Court of Marengo. Tried before tbe Hon. James Cobbs. The indictment in this case was found on tbe 24tb March, 1866, and contained two counts; tbe first count charging that the defendant, who was described as “Gabriel, a freedman”, “did steal a mule, the personal property of J. L. Terrell”; and the second, that he “did steal a horse, mare, gelding, colt, filly, or mule, the personal property of J. L. Terrell.” The defendant demurred to the indictment, but without specifying any grounds of demurrer, so far as the record discloses. The court overruled the demurrer, and issue was…
1Opinion of the CourtByrd, J.
Under the provisions contained in chapter seven, title two, part four, of the Code, the indictment is sufficient.
2. The court, on the trial, as shown in the bill of exceptions, admitted, against the objection and exception of the prisoner, the following declaration of the accused as evidence, to-wit: “ The defendant said to the witness, he was *360in there for taking Mass’ Lee’s mule; that he had taken the mule on Saturday night, to ride to Demopolis on business, and was going to carry the mule back.” The prisoner was indicted for stealing a mule, the property of J. L. Terrell. All the evidence…
2Cases cited1 opinion
- Cunningham's Ex'r v. CochranSupreme Court of Alabama · 1850
3Cited by7 opinions
- Wicks v. StateSupreme Court of Alabama · 1870
- Helms v. StateAlabama Court of Appeals · 1948
- Paul v. StateCourt of Criminal Appeals of Alabama · 1971
- Gregg v. StateSupreme Court of Alabama · 1876
- State v. StellySupreme Court of Louisiana · 1896
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