Burrow v. State
Supreme Court of Alabama
Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. The defendant was tried and convicted of burglary from a railroad car. The facts are stated in the ojinion. Counsel discussed the proper construction of the various acts in reference to the removal of the court from Edwardsville to Heflin but cite no authorities.
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Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. The defendant was tried and convicted of burglary from a railroad car. The facts are stated in the ojinion. Counsel discussed the proper construction of the various acts in reference to the removal of the court from Edwardsville to Heflin but cite no authorities. There is a fatal variance between the proof and the allegation as to the ownership of the car alleged to have been broken. — Johnson v. State, 98 Ala. 57. The petition for the removal of the county seat, the order for tlie election, the appointment of the hoard of…
1Opinion of the CourtDenson, J.
The indictment as returned by the grand jury contained three counts. On motion of the defendant the third count was stricken. The first count charges burglary of a railroad car, the property of the Southern Railway Company, a corporation under the Iuav of the state of Virginia, and in all essential particulars the count is sufficient. — Code 1896, § 4418. No plea denying the existence of the corporation Avas filed. Hence there was no necessity for proving the incorporation as alleged. — Acts of 1900-01, p. 2285. The second count attempts to charge grand larceny. The ownership of the. property…
2Cases cited5 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- Matthews v. StateSupreme Court of Alabama · 1876
- Allen v. StateSupreme Court of Alabama · 1901
- Ex parte OwensSupreme Court of Alabama · 1906
- Burgess v. StateSupreme Court of Alabama · 1906
3Cited by9 opinions
- Childs v. StateAlabama Court of Appeals · 1966
- Clonts v. StateAlabama Court of Appeals · 1964
- Moore v. StateAlabama Court of Appeals · 1950
- Noah v. StateAlabama Court of Appeals · 1916
- Mazett v. StateAlabama Court of Appeals · 1914
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