Legal Opinion

Wideman v. State

Alabama Court of Appeals

Decided February 19, 1957No. 7 Div. 382Published

1Opinion

On Rehearing

Certiorari in the Adkins case, supra, was denied. Ala., 93 So.2d 522.1 However, variances between the specification of the property as set forth .in the indictment and as shown on trial cause us to extend our opinion.

“An allegation of want of knowledge of a better description is traversable and the subject of inquiry, and an indictment * * * false in this respect will not support a conviction.” 32 Am.Jur., Larceny, § 107, p. 1019, citing Enson v. State, 58 Fla. 37, 50 *8So. 948. Matters known to the grand jury cannot be reached by demurrer, but are brought into issue by plea of not…

2Cases cited9 opinions

  1. Grant v. StateSupreme Court of Alabama · 1876
  2. Duvall v. StateSupreme Court of Alabama · 1879
  3. Morris v. StateSupreme Court of Alabama · 1892
  4. Jackson v. StateSupreme Court of Alabama · 1881
  5. Adkins v. StateSupreme Court of Alabama · 1957

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