Jackson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. At the February term, 1882, of said court, an indictment in the form prescribed by the Code was found against the appellants and another, charging them with robbery. The appellants demurred to the indictment, and their demurrer having been overruled, they were tried on the plea of not guilty. The indictment and the points made by the demurrer are sufficiently set forth in the opinion.
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Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. At the February term, 1882, of said court, an indictment in the form prescribed by the Code was found against the appellants and another, charging them with robbery. The appellants demurred to the indictment, and their demurrer having been overruled, they were tried on the plea of not guilty. The indictment and the points made by the demurrer are sufficiently set forth in the opinion. The only testimony introduced on the trial showing the circumstances attending the commission of the offense, was that of a boy about…
1Opinion of the CourtBrickell, C. J.
-The form of indictment for the offense of robbery, prescribed by the Code, following in this respect approved precedents at common law, contains a distinct averment of the value of the goods taken. ’Without such an averment an indictment for the offense would not be sufficient. *252Tlie precise point of objection to the present indictment is, that it avers a talcing of the valise only, and not a talcing of the valise and clothing; and avers the value of the clothing, omitting to aver that the valise was of any value. The averment is in these words: “ Feloniously took one valise containing…
2Cited by16 opinions
- Holland v. StateSupreme Court of Florida · 1897
- State v. AndrewsSupreme Court of North Carolina · 1957
- Norman v. StateAlabama Court of Appeals · 1915
- State v. McAllisterWest Virginia Supreme Court · 1909
- State v. GorhamSupreme Court of Vermont · 1894
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