Black v. State
Supreme Court of Alabama
From the Circuit Court of Conecuh.. Tried before tbe Hon. John P. Hubbard. The indictment in this case contained but a single count, wbicb charged tbe defendant witb tbe larceny of a bog, “tbe personal property of some person whose name is to tbe grand jury unknown;” and tbe trial was bad on issue joined on tbe plea of not guilty.
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From the Circuit Court of Conecuh.. Tried before tbe Hon. John P. Hubbard. The indictment in this case contained but a single count, wbicb charged tbe defendant witb tbe larceny of a bog, “tbe personal property of some person whose name is to tbe grand jury unknown;” and tbe trial was bad on issue joined on tbe plea of not guilty. On tbe trial, as appears from tbe bill of' exceptions, tbe State introduced one Boach as a witness, who testified, in substance, that be owned a “bunch of bogs,” wbicb were running in tbe swamp of Murder creek, near tbe defendant’s bouse; that they were of different…
1Opinion of the CourtClopton, J.
— The defendant insists, that the State, by *83introducing evidence tending to show that the hog charged to have been stolen belonged to the witness Boach, elected to proceed for larceny of the property of Boách, and could not afterwards offer evidence tending to show that it belonged to another person. When an indictment does not designate a particular act, and there is evidence showing more than one act, the prosecutor will be compelled to elect the particular offense for which he will proceed; but the principle of election is applicable only when there is evidence of separate and distinct…
2Cases cited3 opinions
- McMullen v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
- Smith v. StateSupreme Court of Alabama · 1875
3Cited by19 opinions
- Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
- Butler v. StateSupreme Court of Alabama · 1890
- Sisson v. StateArizona Supreme Court · 1914
- Bass v. StateSupreme Court of Florida · 1909
- Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918
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