Anderson v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, James M. Anderson did buy, receive, conceal or aid in the concealment of nine bronze or brass furnace coolers, of the value of eighty dollars each, and eight bronze or brass tuyers, of the value of twenty dollars each, the…
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, James M. Anderson did buy, receive, conceal or aid in the concealment of nine bronze or brass furnace coolers, of the value of eighty dollars each, and eight bronze or brass tuyers, of the value of twenty dollars each, the personal property of the Birmingham Furnace and Manufacturing Company, a body corporate, against the .peace and dignity of the…
1Opinion of the CourtSharpe, J.
In omitting averments to effect that defendant knew the property described in the indictment *127was stolen and bad not the intent to restore it to the owner, the indictment in this case fails to charge the offense made punishable by section 5054 of the Code, or any other offense. The criminal court cannot acquire jurisdiction or render a legal judgment of conviction except upon a charge preferred, of conduct which by law is made criminal.—Smith v. State, 68 Ala. 55; Miles v. State, 94 Ala. 106.
The judgment will be reversed and the cause remanded.
2Cases cited2 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
3Cited by6 opinions
- Fulton v. StateAlabama Court of Appeals · 1913
- Ex parte RodgersAlabama Court of Appeals · 1915
- Mazett v. StateAlabama Court of Appeals · 1914
- McElroy v. StateAlabama Court of Appeals · 1932
- Musgrove v. StateSupreme Court of Alabama · 1903
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