Carden v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged that the defendant, Henry Carden, “ feloniously took and carried away, from tbe person of Tom Powell, one ten-dollar bill, and one five-dollar bill, in money of the United States of America, a more particular description of which is to the grand jury unknown, the same being of the value of fifteen dollars, and the personal property of said Tom Powell.”
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From the Criminal Court of Jefferson. Tried before the Hon. S. E. Greene. The indictment in this case charged that the defendant, Henry Carden, “ feloniously took and carried away, from tbe person of Tom Powell, one ten-dollar bill, and one five-dollar bill, in money of the United States of America, a more particular description of which is to the grand jury unknown, the same being of the value of fifteen dollars, and the personal property of said Tom Powell.” The bill of exceptions states that the defendant demurred to the indictment, and that his demurrer was overruled; but the…
1Opinion of the CourtClopton, J.
When the larceny charged is of bills intended to circulate as money, the description may be general; and an indictment which describes them by kind, denomination and value, is sufficient. The indictment charges defendant with having feloniously taken and carried away, “from the person of Tom Powell, one ten-dollar bill, and one five-dollar bill, in the money of the United States of America,” of the value of fifteen dollars. This description designates bills circulating as money by authority of the General Government, and, ex vi termini, the kind of species of currency — national paper…
2Cases cited3 opinions
- Grant v. StateSupreme Court of Alabama · 1876
- Levy v. StateSupreme Court of Alabama · 1885
- Sallie v. StateSupreme Court of Alabama · 1866
3Cited by9 opinions
- Brown v. StateSupreme Court of Alabama · 1898
- Sanders v. StateSupreme Court of Alabama · 1972
- Clark v. StateSupreme Court of Florida · 1910
- Wideman v. StateSupreme Court of Alabama · 1959
- Ware v. StateAlabama Court of Appeals · 1914
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