Pickett v. State
Supreme Court of Alabama
From the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. The indictment in this case contained two counts ; the first charging that the prisoners “broke into and entered the store of W. T. Barham, in which goods, merchandise, or other valuable thing, was kept for use, sale, or deposit, with intent to steal; ” and the second, that they broke into and entered the “store-house” of said Barham, “ in' which goods, merchandise, or other valuable thing, was kept for…
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From the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. The indictment in this case contained two counts ; the first charging that the prisoners “broke into and entered the store of W. T. Barham, in which goods, merchandise, or other valuable thing, was kept for use, sale, or deposit, with intent to steal; ” and the second, that they broke into and entered the “store-house” of said Barham, “ in' which goods, merchandise, or other valuable thing, was kept for use,” &c., as in the first. The defendants demurred to each count of the indictment, “ because it does not show what said…
1Opinion of the CourtStone, J.
We think the demurrer to each count of the indictment in this case should have been sustained. Each count charges separate and distinguishable offenses, in the disjunctive ; and to sustain the indictment, each disjunctive phase of the charge must contain sufficient averments to justify a conviction. The language of the indictment is, that the defendants “ broke into and entered the store of William T. Barham, in which goods, merchandise, or other *78valuable thing, was kept for use, sale, or deposit, with intent,” &c. The words “ goods ” and “ merchandise,” each, specify a chattel or chattels,…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1858
- Crawford v. StateSupreme Court of Alabama · 1870
- Norris & Coleman v. StateSupreme Court of Alabama · 1874
3Cited by3 opinions
- Dix v. StateAlabama Court of Appeals · 1913
- Hawkins v. StateAlabama Court of Appeals · 1913
- Ingram v. StateAlabama Court of Appeals · 1941