Legal Opinion

Rogers v. State

Alabama Court of Appeals

Decided July 21, 1919No. 8 Div. 674PublishedCited by 20 opinions

Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Claude Rogers was convicted of receiving stolen goods, and appeals.

1Opinion of the CourtBrown, P. J.

[1,2] The appellant was convicted of the offense denounced by section 7329 of the Code of 1907 — buying, receiving, concealing, or aiding in concealing, stolen goods — as charged in the second count of the indictment. Under repeated rulings in this state, this operated as an acquittal of the offense charged in the first count of the indictment. Therefore the ruling of the court on demurrers to the first count of the indictment will not be considered or treated. The second count follows the form prescribed by the Code, and the demurrer thereto was properly overruled. Code 1907, §§ 7329, 7161…

2Cases cited19 opinions

  1. Evans v. StateSupreme Court of Alabama · 1895
  2. Mason & Franklin v. StateSupreme Court of Alabama · 1868
  3. Ex parte ThomasSupreme Court of Alabama · 1896
  4. Yarborough v. StateSupreme Court of Alabama · 1868
  5. Turner v. StateSupreme Court of Alabama · 1866

14 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. LyleSupreme Court of South Carolina · 1923
  2. State v. ArmstrongNew Mexico Supreme Court · 1956
  3. Brown v. StateAlabama Court of Appeals · 1954
  4. Frazier v. StateAlabama Court of Appeals · 1920
  5. Murry v. StateCourt of Criminal Appeals of Alabama · 1972

15 more not listed; retrieve them via the Exa API.

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