Johnson v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. Ales. McKinstry. The indictment in this case was against Wm. R. Johnson and one Anderson, and contained three counts ; the first two for obtaining money under false pretenses from one J. R. Thomas, and the third for larceny from the person. Johnson being alone on trial, demurred to the indictment, “on the ground that two distinct felonies were charged in it”; but the court overruled his demurrer.
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From the City Court of Mobile. Tried before the Hon. Ales. McKinstry. The indictment in this case was against Wm. R. Johnson and one Anderson, and contained three counts ; the first two for obtaining money under false pretenses from one J. R. Thomas, and the third for larceny from the person. Johnson being alone on trial, demurred to the indictment, “on the ground that two distinct felonies were charged in it”; but the court overruled his demurrer. “On the trial,” as the bill of exceptions states, “the State offered one J. R. Thomas as a witness, who testified, that one Anderson (who is named…
1Opinion of the CourtRice, C. J.
Obtaining any personal property from another, exceeding twenty dollars in value, by false pretenses, with intent to defraud him, is, in this State, a felony, and punishable by imprisonment in the penitentiary, not less than two, nor more than five years. — Code, §§ 3071, 3142. The crime of larceny, when committed by stealing from the person of another, is also a felony, and punishable by imprisonment in the penitentiary, not less than three, nor more than six years. — Code, § 3172.
These offenses are included in the indictment, in distinct counts, and are alleged to have been committed by the…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1852
3Cited by38 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Tanner v. StateSupreme Court of Alabama · 1890
- Scott v. StateSupreme Court of Alabama · 1857
- Pilley v. StateSupreme Court of Alabama · 1946
- Mayo v. StateSupreme Court of Alabama · 1857
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