Butler v. State
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County; Leon McCord, Judge. W. A. Butler was convicted of embezzlement, and he appeals.
Read the full summary
Appeal from Circuit Court, Elmore County; Leon McCord, Judge. W. A. Butler was convicted of embezzlement, and he appeals. The defendant was tried upon the third count of the indictment as follows; “The grand jury of said county further -charge that before the finding of this indictment, W. A. Butler, whose Christian name is to the grand jury unknown, being at the time a public officer of the county of Elmore, state of Alabama, tfo wit, circuit court clerk, knowingly converted to his own use money received by him in his official capacity to about the amount of $1,067, which had been received…
1Opinion of the CourtBricken, P. J.
The indictment in this case designated the defendant by the initial letters of his Christian name, to wit, W. A. Butler, which was followed by the allegation, ■“whose Christian name is to the grand jury unknown.” This last averment is not borne out by the evidence in this case. To the contrary, it affirmatively appears that both of the witnesses who appeared before the grand jury and testified in this case testified that the Christian name of the defendant was Anderson Butler. Examiner of Public Accounts J. H. Craig testified on cross-examination :
“I stated to the grand jury that the…
2Cases cited5 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Lacey v. StateAlabama Court of Appeals · 1915
- Gerrish v. StateSupreme Court of Alabama · 1875
- Wells v. StateSupreme Court of Alabama · 1889
- Jones v. StateSupreme Court of Alabama · 1879
3Cited by12 opinions
- Crow v. StateAlabama Court of Appeals · 1937
- Du Bose v. StateAlabama Court of Appeals · 1924
- Carter v. StateAlabama Court of Appeals · 1926
- Glenn v. StateAlabama Court of Appeals · 1934
- State v. RayMontana Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.