Perry v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. The indictment alleged that Ab Perry, Simon Garret, and Arresto Weems did willfully injure or deface a dwelling house, the property of J. J. Earnest, against, etc. Demurrers' were interposed as follows: “It does not charge any offense known to the laws of the state of Alabama. (2) It does not allege that the house alleged to have been defaced belonged to J. J. Earnest.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. The indictment alleged that Ab Perry, Simon Garret, and Arresto Weems did willfully injure or deface a dwelling house, the property of J. J. Earnest, against, etc. Demurrers' were interposed as follows: “It does not charge any offense known to the laws of the state of Alabama. (2) It does not allege that the house alleged to have been defaced belonged to J. J. Earnest. (3) It does not show to whom the house belonged that is alleged to have been defaced. (4) Because the person who may happen to have a dwelling on the…
1Opinion of the Court
McCLELLAN, J. —
The appellants were jointly indict-
ed for violation of section 5620, Code 1896. Upon their joint trial the jury returned, and the court received, the folloAving verdict: “We, .the jury, find the defendants guilty 'as charged in the .indictment, and assess a fine of one hundred dollars”- — the foreman signing it. The judgment followed the verdict. The verdict was invalid since it failed to separately assess a fine against each offender. The reason is apparent, viz., that payment of the Avhole fine may be recovered from one of the defendants, thus permitting the others to escape…
2Cases cited6 opinions
- Rhea v. StateSupreme Court of Alabama · 1893
- Jones v. CommonwealthCourt of Appeals of Virginia · 1799
- Spicer v. StateSupreme Court of Alabama · 1894
- Medis v. StateCourt of Appeals of Texas · 1889
- Wallace v. StateSupreme Court of Alabama · 1899
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3Cited by7 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Davis v. StateAlabama Court of Appeals · 1913
- Williams v. StateAlabama Court of Appeals · 1966
- Foster v. StateAlabama Court of Appeals · 1932
- Grantham v. StateAlabama Court of Appeals · 1917
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