Bass v. State
Supreme Court of Alabama
From tbe Circuit Court of Sumter. Tried before the Hon. L. E. Smith. The indictment in this case contained two counts; the first charging that the defendant “ did unlawfully and wantonly kill, destroy, or injure an ox, the personal property of William H. Saundersand the second, that he “ did unlawfully or wantonly kill, destroy, or injure an ox, the personal property of William H. Saunders, jr.” The defendant demurred to the indictment, because it did not aver the value of…
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From tbe Circuit Court of Sumter. Tried before the Hon. L. E. Smith. The indictment in this case contained two counts; the first charging that the defendant “ did unlawfully and wantonly kill, destroy, or injure an ox, the personal property of William H. Saundersand the second, that he “ did unlawfully or wantonly kill, destroy, or injure an ox, the personal property of William H. Saunders, jr.” The defendant demurred to the indictment, because it did not aver the value of the ■ox, and because it did not aver the value or amount of the injury; but the court overruled the demurrer, and he then…
1Opinion of the CourtStone, J.
The indictment in the present case is framed under section 4409, Code of 1876. It contains two counts. The first charges, that the accused “ did unlawfully and wantonly kill, destroy, or injure an ox, the personal property of William H. Saunders.” The second employs the language, “ did unlawfully or wantonly kill, destroy, or injure an ox, the personal property of William H. Saunders, jr.” This form of presentment is proper, if not necessary, when a doubt exists as to the ownership of the property, alleged to have been killed or injured. It would not be improper, but probably unnecessary, if…
2Cases cited1 opinion
- Wooster v. StateSupreme Court of Alabama · 1876
3Cited by4 opinions
- Busby v. StateSupreme Court of Alabama · 1884
- Williams v. StateSupreme Court of Alabama · 1884
- Maxwell v. StateSupreme Court of Alabama · 1904
- Ex Parte State, in re Brooms v. StateSupreme Court of Alabama · 1916