Hill v. State
Supreme Court of Alabama
Appeal from Greene Circuit Couyt. Tried before the Hon. S. IT. Sprott. ' The appellant, Peter Hill, was tried and convicted on an indictment containing four counts, the first of which that the defendant feloniously took and carried away one thousand pounds of seed-cotton, the property of David Williams. The second count is identical with the first, except that the cotton was alleged to be the “property of some person to the grand jurors unknown.”
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Appeal from Greene Circuit Couyt. Tried before the Hon. S. IT. Sprott. ' The appellant, Peter Hill, was tried and convicted on an indictment containing four counts, the first of which that the defendant feloniously took and carried away one thousand pounds of seed-cotton, the property of David Williams. The second count is identical with the first, except that the cotton was alleged to be the “property of some person to the grand jurors unknown.” The third count charged the defendant with selling or removing cotton upon which David Williams had a lawful and valid claim, with intent to hinder,…
1Opinion of the CourtStone, C. J.
The indictment in this case contains four counts. The first count charges the larceny of seed-cotton, the property of David Williams. The second count is identical with the first, with the exception that it charges the cotton to be the “ property of some person to the grand jurors unknown.” *4The third count charges a fraudulent sale or removal of cotton, on which there was a lien 'created by law, in favor of David Williams. The fourth count is defective. It is impossible to ascertain there is a lien on property, without knowing or ascertaining that there is a person, natural or artificial, in…
2Cases cited4 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Henderson v. StateSupreme Court of Alabama · 1881
- Walker v. StateSupreme Court of Alabama · 1877
- McIntosh v. StateSupreme Court of Alabama · 1875
3Cited by7 opinions
- Gady v. StateSupreme Court of Alabama · 1887
- United States v. AurandtNew Mexico Supreme Court · 1910
- Ex Parte ShoultsSupreme Court of Alabama · 1922
- Woods v. StateSupreme Court of Alabama · 1914
- Shoults v. StateAlabama Court of Appeals · 1922
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