Bonner v. State
Supreme Court of Alabama
Ebom tbe City Court of Selma. Tried before tbe Hon. Joka. Habalson. Tbe indictment in this case was in these words: “ Tbe State of Alabama, Dallas county: City Court, January term, 1877. Tbe grand jury of said county charge that, before the finding of this indictment, Henry Bonner feloniously took and carried away a bog, tbe personal property of Isaac Campbell; against tbe peace,” etc.
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Ebom tbe City Court of Selma. Tried before tbe Hon. Joka. Habalson. Tbe indictment in this case was in these words: “ Tbe State of Alabama, Dallas county: City Court, January term, 1877. Tbe grand jury of said county charge that, before the finding of this indictment, Henry Bonner feloniously took and carried away a bog, tbe personal property of Isaac Campbell; against tbe peace,” etc. Tbe defendant demurred to tbe indictment, “because, in tbe caption thereof, tbe style of tbe court is ‘ City Court,’ and not‘ City Court of Selma’.” Tbe court overruled tbe demurrer, and the defendant then…
1Opinion of the Court
STONE, J. —
We do not think tbe objection to tbe indictment in this cause was well taken. Tbe caption showed tbe court, term, and tbe organization of tbe grand jury, by which tbe indictment was found. Tbe words, “ City Court,” were unnecessarily inserted in tbe indictment; it was good without them, and tbe court did right in regarding them as sur-plusage, and overruling tbe .demurrer. — See Reeves v. The State, 20 Ala. 33; Perkins v. State, 50 Ala. 154.
In tbat jealous care which the law exercises at all times in protection of life and liberty; in tbe tender regard it pays to human weakness and…
2Cases cited10 opinions
- Aaron v. StateSupreme Court of Alabama · 1861
- King v. StateSupreme Court of Alabama · 1867
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Bob v. StateSupreme Court of Alabama · 1858
- Bradley v. AndressSupreme Court of Alabama · 1857
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3Cited by32 opinions
- Phillips v. StateSupreme Court of Alabama · 1946
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- Harris v. StateSupreme Court of Alabama · 1967
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