Lyon v. State
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. George H. Craig. The appellant was convicted under an indictment found on the 22d day of March, 1878, which charged that he “ feloniously took and carried away, twenty pounds of cotton, a part of an outstanding crop of cotton, the property of B. A. Rush,” &c.
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Appeal from Perry Circuit Court. Tried before Hon. George H. Craig. The appellant was convicted under an indictment found on the 22d day of March, 1878, which charged that he “ feloniously took and carried away, twenty pounds of cotton, a part of an outstanding crop of cotton, the property of B. A. Rush,” &c. On the trial, the State introduced one Benjamin A. Rush, who testified that be was the person named in the indictment, as the owner of the property alleged to have been stolen, and be was known as Ben or B. A. Rush, and that he signed his name B. A. -Rush. This witness testified that he…
1Opinion of the CourtManning, J.
It is charged in this cause, that “before the finding of this indictment,” defendant “ feloniously took and carried away twenty pounds of cotton, a part of an outstanding crop of cotton, the property of B. A. Rush,” &c.
The first ground upon which the motion in arrest of judgment is based — the omission of a limitation to the time, when the offense is alleged to have been committed, to a period subsequent to the enactment of the law creating it — was the subject of consideration in the case of McDowell v. The State, ante p. 172. And on the authority of that case, we hold the reason assigned…
2Cases cited3 opinions
- Gerrish v. StateSupreme Court of Alabama · 1875
- Smith v. StateSupreme Court of Alabama · 1875
- Thompson v. StateSupreme Court of Alabama · 1872
3Cited by10 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Lacey v. StateAlabama Court of Appeals · 1915
- Crittenden v. StateSupreme Court of Alabama · 1901
- Roden v. StateAlabama Court of Appeals · 1912
- Du Bose v. StateAlabama Court of Appeals · 1924
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