Rountree v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock, Tried before the Hon. H. D. Clayton. The indictment in this case contained two counts, the trial being upon the second count, which was as follows: “The grand jury of said county do further charge that, before the finding of this indictment, Jim Rountree, Monday Rountree, Neil Asbury, John Isaiah, and Aaron Lampley, feloniously took and carried-— one bale of lint cotton, of the value of fifty dollars, the personal property of a…
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Appeal from the Circuit Court of Bullock, Tried before the Hon. H. D. Clayton. The indictment in this case contained two counts, the trial being upon the second count, which was as follows: “The grand jury of said county do further charge that, before the finding of this indictment, Jim Rountree, Monday Rountree, Neil Asbury, John Isaiah, and Aaron Lampley, feloniously took and carried-— one bale of lint cotton, of the value of fifty dollars, the personal property of a person, whose name is to the grand jury unknown,” &c., omitting, as appears from the record, the word “away.” The evidence…
1Opinion of the Court
STONE, J.-
1. The defendants, in the present case, were tried on the second count in the indictment. That count, as found in the transcript, is imperfect. It charges that the defendants “feloniously took and carried a bale of lint cotton.” The word ‘away’ is omitted. This is probably the result of an error in transcribing; but if not, this count of the indictment is bad. If the cotton was delivered to the railroad for transportation, then the road had a special property in it: and in an indictment for its larceny, it would be sufficient to lay the property in the railroad company. Satterwhite…
2Cases cited1 opinion
- Spivey v. StateSupreme Court of Alabama · 1855
3Cited by13 opinions
- Beckham v. StateSupreme Court of Alabama · 1893
- Johnson v. StateSupreme Court of Alabama · 1883
- Levy v. StateSupreme Court of Alabama · 1885
- Bailey v. StateSupreme Court of Alabama · 1877
- Davidson v. StateCourt of Criminal Appeals of Alabama · 1977
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