Viberg v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before the 1-Ion. William H. Thomas. The appellant in this case was indicted, tried and con-, victed of grand larceny.
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Appeal from City Court of Montgomery. Tried before the 1-Ion. William H. Thomas. The appellant in this case was indicted, tried and con-, victed of grand larceny. The indictment was in words and figures as follows: “The grand jury of said county ■charge, that before the finding of this indictment, George Yiberg, alias Yerberg, feloniously toolc and carried away five twenty dollar gold pieces of the gold coin of the United States of America, of the aggregate value of one hundred dollars, the personal property of Lawrence Thomas, against the peace and dignity of the State of Alabama.” To this…
1Opinion of the Court
TYSON, -J.
In Haley v. The State, 63 Ala. 89, it Avas held that the averment of the name of the defendant under an alias cliclus was proper. In that case, the Christian name of the defendant was averred under an alias, while in this ca.se the surname of the defendant is so averred. If proper in the one, it is necessarily proper in the other. It was unnecessary to repeat the Christian name, before the surname Verberg. To have done so, would not have made the averment plainer. It would simply have been a mere repetition. The demurrer to the indictment Avas properly overruled.
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2Cases cited9 opinions
- Sylvester v. StateSupreme Court of Alabama · 1881
- Bell v. StateSupreme Court of Alabama · 1896
- White v. StateSupreme Court of Alabama · 1901
- Fowler v. StateSupreme Court of Alabama · 1893
- Smith v. StateSupreme Court of Alabama · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. CianfloneSupreme Court of Connecticut · 1923
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Ex Parte ThomasSupreme Court of Alabama · 1984
- Vaughn v. StateAlabama Court of Appeals · 1919
- State v. CrawfordUtah Supreme Court · 1922
26 more not listed; retrieve them via the Exa API.