Dismukes v. State
Supreme Court of Alabama
From; the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in a single count, that the defendant, Tobe Dismukes, a freedman, “broke into and entered the dwelling-house of W. H. Harris, with the intent forcibly to ravish a female, whose name is to the grand jury unknown, or with the intent to steal; against the peace,” &c.
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From; the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in a single count, that the defendant, Tobe Dismukes, a freedman, “broke into and entered the dwelling-house of W. H. Harris, with the intent forcibly to ravish a female, whose name is to the grand jury unknown, or with the intent to steal; against the peace,” &c. The defendant demurred to the indictment, because it alleged no specific intent, and because it alleged two different intents in the alternative; and his demurrer having been overruled, he pleaded not guilty. On the trial, as…
1Opinion of the CourtSomebyille, J.
— 1. When an offense may be committed by different means, or with different intents, such *289means or intents are, by tbe express provisions of tbe statute, authorized to be alleged in the same count of the indictment in the alternative. This changes the common law on this subject, and was intended to prevent a multiplicity of counts. Code, 1886, § 4383 ; Horton’s case, 53 Ala. 488. Under this statute, the indictment in the present case was good, and the demurrer to it was properly overruled.
2. The exclamation of Miss Harris, as testified to by her father, was made almost immediately on the…
2Cases cited9 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- Jordan v. StateSupreme Court of Alabama · 1885
- Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
- Horton v. StateSupreme Court of Alabama · 1875
- Garrett v. StateSupreme Court of Alabama · 1884
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3Cited by17 opinions
- Joseph A. Puleio v. George A. Vose, Jr., Etc.Court of Appeals for the First Circuit · 1987
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Shirley v. StateSupreme Court of Alabama · 1906
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