Oxford v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. Robert Dougherty. The. indietment in this case contained two counts; the first charging the prisoner, Mary Oxford, with the larceny of two- hundred pounds of bacon, the personal property of one Samuel J. Sellers, alleged to have been stolen “from a store-house, dwelling-house, smoke-house,kitchen or shopand the second charging that she feloniously' received the bacon, then lately stolen, knowing that it had been…
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Appeal from the Circuit Court of Pike. Tried before the Hon. Robert Dougherty. The. indietment in this case contained two counts; the first charging the prisoner, Mary Oxford, with the larceny of two- hundred pounds of bacon, the personal property of one Samuel J. Sellers, alleged to have been stolen “from a store-house, dwelling-house, smoke-house,kitchen or shopand the second charging that she feloniously' received the bacon, then lately stolen, knowing that it had been feloniously taken and carried away. “ On the trial,” as the bill of exceptions states, “ the testimony tended to show,…
1Opinion of the Court
R. W. WALKER, J.—
1. We think that the verdict sufficiently responds to the indictment. There is an express finding that the defendant is guilty as charged in the second count. What follows- was- not, we think, intended as a qualification of the preceding part of the verdict, and as limiting the extent to which the defendant was guilty, but as descriptive of the count referred to. Verdicts are not construed strictly, as pleadings are. If the clear meaning of the jury can be collected from the finding, the court will mould the verdict into form, and make it serve. This is not a special, but a…
2Cases cited2 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- People v. CaswellNew York Supreme Court · 1839
3Cited by14 opinions
- Holbrook v. StateSupreme Court of Alabama · 1894
- Jackson v. StateAlabama Court of Appeals · 1912
- Underwood v. StateSupreme Court of Alabama · 1946
- Crocheron v. StateSupreme Court of Alabama · 1888
- Barney v. StateAlabama Court of Appeals · 1912
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