Boyd v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Frank Boyd was, convicted of robbery, and be appeals. The indictment charged that Frank Boyd took one $10 bill, of the lawful currency of the United States of America, of the denomination of $10, the property of J. M. Parham, from his person and against his will, by’ violence to his person, or by putting him in such fear as unwillingly to part with the same, etc.
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Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. Frank Boyd was, convicted of robbery, and be appeals. The indictment charged that Frank Boyd took one $10 bill, of the lawful currency of the United States of America, of the denomination of $10, the property of J. M. Parham, from his person and against his will, by’ violence to his person, or by putting him in such fear as unwillingly to part with the same, etc. The defendant demurred to the indictment as follows: “(1) It fails to aver that the $10 hill, the subject of the offense alleged to have been committed by defendant,…
1Opinion of the CourtDenson, J.
There is no merit in the demurrer to the indictment, and the action of the court in overruling it was errorless. — Thomas’ Case, 117 Ala. 84, 23 South. 659; Rowland’s Case, 140 Ala. 142, 37 South. 245.
Conceding, without deciding, that the fact that Par-ham (the person alleged to have been robbed) was on a visit to Montgomery was immaterial to the issue, wé cannot see Iioav proof of it could have influenced the jury to the detriment of the defendant; and the exception taken by the defendant to the action of the court in allowing proof of it cannot avail anything.
It was permissible for the…
2Cases cited3 opinions
- Braham v. StateSupreme Court of Alabama · 1904
- Thomas v. StateSupreme Court of Alabama · 1897
- Rowland v. StateSupreme Court of Alabama · 1903
3Cited by7 opinions
- Thomas v. StateMississippi Supreme Court · 1918
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- McCarty v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Davis v. StateAlabama Court of Appeals · 1952
- Ware v. StateAlabama Court of Appeals · 1914
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