Orr v. State
Supreme Court of Alabama
Appeal from the City Court of Talladega.- Tried before the Hon. John W. Bishop. The appellant, Whit Orr, was indicted for larceny from a storehouse, and for receiving stolen property. The indictment contained three counts; the first two charging larceny, and the third charging defendant with receiving stolen property, knowing the same to have been stolen.
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Appeal from the City Court of Talladega.- Tried before the Hon. John W. Bishop. The appellant, Whit Orr, was indicted for larceny from a storehouse, and for receiving stolen property. The indictment contained three counts; the first two charging larceny, and the third charging defendant with receiving stolen property, knowing the same to have been stolen. The evidence introduced on behalf of the State tended to show that the defendant had stolen certain articles of merchandise from the store of one Mike Mireno ; and another phase of the State’s testimony tended to show that one Joe Lewis…
1Opinion of the CourtColeman, J.
The defendant was convicted of larceny from a storehouse. The indictment contained three counts, the first two charged the defendant with grand larceny, and the third with the offense of receiving stolen property. Neither before nor after the evidence had closed did the defendant have the right to require the State to elect for which of the offenses charged, it would prosecute. A careful solicitor should always frame the indictment with as many counts as may be necessary to meet the different phases the evidence -may assume. Embezzlement and larceny, burglary and larceny, larceny and…
2Cases cited3 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- Underwood v. StateSupreme Court of Alabama · 1882
- Bishop v. StateSupreme Court of Alabama · 1857
3Cited by61 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Howard v. StateSupreme Court of Alabama · 1895
- Sanders v. StateSupreme Court of Alabama · 1910
- Smith v. StateSupreme Court of Alabama · 1901
- Coats v. StateSupreme Court of Alabama · 1952
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