Lowe v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried-before the Hon. William H. Thomas. The indictment, under which the appellant was tried and convicted was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Will Lowe and Tom Crittenden feloniously took and carried away eighteen cows, the personal property of J. B. Milligan.
Read the full summary
Appeal from the City Court of Montgomery. Tried-before the Hon. William H. Thomas. The indictment, under which the appellant was tried and convicted was in words and figures as follows: “The grand jury of said county charge that before the finding of this indictment Will Lowe and Tom Crittenden feloniously took and carried away eighteen cows, the personal property of J. B. Milligan. “The grand jury of said county further charge that before the finding of this indictment, Will Lowe and Tom Crittenden feloniously took and carried away eighteen cows, the personal property of J. H. Milligan,…
1Opinion of the CourtSharpe, J.
Contrary to what is assumed by the first ground of the demurrer to the indictment, two or more offenses may Avell be charged in one indictment as having been committed by the same defendant where, as in this case, the offenses are of the same character. Code, § 4913; Wooster v. State, 55 Ala. 217; Johnson v. State, 29 Ala. 62; Cawley v. State, 37 Ala. 152.
The second ground of the demurrer is not well taken. Gerrish v. State, 53 Ala. 480; Crittenden v. State, ante, 145.
To the geenral rule which in a prosecution for one offense reiects evidence of another and distinct offense, an exception…
2Cases cited7 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Ingram v. StateSupreme Court of Alabama · 1864
- Wooster v. StateSupreme Court of Alabama · 1876
- Johnson v. StateSupreme Court of Alabama · 1856
- Miller v. StateSupreme Court of Alabama · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jones v. StateSupreme Court of Alabama · 1913
- Summers v. StateCourt of Criminal Appeals of Alabama · 1977
- Coleman v. StateCourt of Criminal Appeals of Alabama · 1986
- Lucas v. StateSupreme Court of Alabama · 1905
- Scott v. StateSupreme Court of Alabama · 1924
13 more not listed; retrieve them via the Exa API.