Mitchell v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. E. B. Mitchell was convicted of embezzlement and larceny, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. E. B. Mitchell was convicted of embezzlement and larceny, and he appeals. Omitting the formal charging part, .the affidavit is as follows: “That E. B. Mitchell, whose name is otherwise unknown to him, ivithin twelve months before making this affidavit, in said county, he being at such time the clerk agent, or apprentice of G. E. Beverly, did embezzle or fraudulently convert to his own use or to the use of another, or fraudulently secrete, with intent to convert to his own use, or to the use of another, money to about the…
1Opinion of the CourtPelham, J.
This appeal is before us on the record proper, without a bill of exceptions. The only question presented by the record is on the demurrers to the affidavit or complaint, to the effect that two offenses are charged in the alternative in the same count. The affidavit or complaint contains but one count, in which the defendant is charged in the alternative with embezzlement and larceny.
Under the common law, the joinder of different offenses in the same count was deemed vicious, as double pleading, and not allowed. It is permissible, however, for kindred offenses of the same character or equal…
2Cases cited8 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Washington v. StateSupreme Court of Alabama · 1894
- Mayo v. StateSupreme Court of Alabama · 1857
- Holbrook v. StateSupreme Court of Alabama · 1894
- Butler v. StateSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reynolds v. StateAlabama Court of Appeals · 1943
- Boswell v. StateAlabama Court of Appeals · 1911
- Ingram v. StateAlabama Court of Appeals · 1941
- Goldman v. StateAlabama Court of Appeals · 1935
- Cornelius v. StateCourt of Criminal Appeals of Alabama · 1977
1 more not listed; retrieve them via the Exa API.