Bolling v. State
Supreme Court of Alabama
Fbom tbe Circuit Court of Butler. Tried before tbe Hon. JohN E. TysoN. Tbe appellant was tried at tbe Fall Term, 1892, on an indictment for stealing money, tbe property of Mrs. Mary Knight, from a storehouse in Greenville, Ala.
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Fbom tbe Circuit Court of Butler. Tried before tbe Hon. JohN E. TysoN. Tbe appellant was tried at tbe Fall Term, 1892, on an indictment for stealing money, tbe property of Mrs. Mary Knight, from a storehouse in Greenville, Ala. Tbe defendant demurred to tbe indictment on tbe ground tbat it failed to allege from whose storehouse tbe money was stolen, and because it failed to allege who was in possession, control, and ownership of the said storehouse from which the money was stolen. On the trial of the case, as is shown by the bill of exceptions, there was only one witness introduced, who was…
1Opinion of the CourtStone, C. J.
There is nothing in the present record which tends to explain why the testimony produced on the trial was so meagre. It is reasonable to conjecture that the witnesses had gone beyond the power of the court to reach them with its process. We must deal with the questions as the record presents them.
The indictment charges that defendant “feloniously took and carried away in or from a storehouse four dollars and fifty cents in specie coin of the United States, the denomination and description of which is to the grand jury unknown, .the personal property of Mrs. Mary Knight,” &c. The indictment…
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