Legal Opinion

Hamilton v. State

Supreme Court of Alabama

Decided July 6, 1906PublishedCited by 18 opinions

Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. The indictment in this case charged that Lula Hamilton and Letha White feloniously took and carried away certain money, the personal property of J. Y. Ledbetter.

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Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. The indictment in this case charged that Lula Hamilton and Letha White feloniously took and carried away certain money, the personal property of J. Y. Ledbetter. In the first count the money is described as “two twenty dollar bank bills, and one one dollar bank bill, lawful money of the United States of America;” in the second, as “two twenty dollar national bank notes, and one one dollar national bank note, lawful money of the U. S. A.”; in the third, as “two twenty dollar United .States Treasury notes, and one one…

1Opinion of the CourtDenson, J.

Each count of the indictment is sufficiently specific in the description of the property alleged to have ben stolen, and shows by the direct averment that it was lawful money of the United States.— Grant's Case, 55 Ala. 201; Turner’s Case, 124 Ala. 59, 27 South. 272. The demurrer to the indictment ivas properly overruled.

The confession of the defendant was properly admitted as evidence. — Spicer’s Case, 69 Ala. 159.

Charges (a), (b),and (c) hypothesize the description of the property as alleged in the first, second, and third counts of the indictment, respectively, and should have been given.…

2Cases cited9 opinions

  1. Grant v. StateSupreme Court of Alabama · 1876
  2. Prater v. StateSupreme Court of Alabama · 1894
  3. Spicer v. StateSupreme Court of Alabama · 1881
  4. Jackson v. StateSupreme Court of Alabama · 1890
  5. Turner v. StateSupreme Court of Alabama · 1899

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Kennedy v. StateSupreme Court of Alabama · 1973
  2. Montgomery v. StateAlabama Court of Appeals · 1920
  3. Scott v. StateSupreme Court of Alabama · 1924
  4. Bray v. StateAlabama Court of Appeals · 1918
  5. Newsome v. StateCourt of Criminal Appeals of Alabama · 1972

13 more not listed; retrieve them via the Exa API.

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