Askew v. State
Alabama Court of Appeals
Appeal from Circuit Court, Lee County; Lum Duke, Judge. Brock Askew and Sylvester Willis were convicted of larceny, and they appeal. The court erred in overruling the demurrers to the indictment and in admitting evidence of paper money being stolen. 45 Ala. 66; 12 Ene. P. & P. 44, and note; 97 Ala. 82, 12 South. 276; 99 Ala. 54, 11 South. 830.
1Opinion of the CourtMerritt, J.
The defendants were convicted under an indictment which chárged them with grand larceny, and sentenced to the penitentiary for a term of not less than three nor more than four years.
[1] Demurrers were interposed which questioned the sufficiency of the description of the stolen property, it being alleged as “$2,000 papaper currency of the United States, a further description of which is to the grand jury unknown.” The indictment being otherwise in form, except that “papaper” stood in the place of the word “paper,” showed a mere clerical error, and was not demurrable. Holland v. State, 11 Ala.…
2Cases cited5 opinions
- Smith v. StateAlabama Court of Appeals · 1918
- Holland v. StateAlabama Court of Appeals · 1914
- Brown v. StateAlabama Court of Appeals · 1917
- Kirk v. StateAlabama Court of Appeals · 1915
- Ex parte HollandSupreme Court of Alabama · 1914
3Cited by1 opinion
- Cook v. StateCourt of Criminal Appeals of Alabama · 1977