Legal Opinion

Chisolm v. State

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 8 opinions

Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was tried for grand larceny. The indictment charged, in substance, that the defendant had feloniously taken and carried away “ four hundred and fifty dollars in specie coin of the United States,” the denomination and description of which is to the grand jury unknown, of the value of four hundred and fifty dollars, the property of John J. Moore.” ' The evidence, as shown by the bill of…

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Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was tried for grand larceny. The indictment charged, in substance, that the defendant had feloniously taken and carried away “ four hundred and fifty dollars in specie coin of the United States,” the denomination and description of which is to the grand jury unknown, of the value of four hundred and fifty dollars, the property of John J. Moore.” ' The evidence, as shown by the bill of exceptions, was as follows: John J. Moore, a witness for the State, testified that he had given gold and silver amounting…

1Opinion of the CourtB. E. Saeeold, J.

The appellant was convicted on *70an indictment for the larceny of “four hundred and fifty dollars in specie coin of the United States, the denomination and description of which is to the grand jury un•Jmown.”

An indictment for larceny should describe the property with such certainty as will enable the jury to decide whether what is proved to be stolen is the very same with that upon which the indictment is founded, and show judicially to the court that it could have been the subject-matter of the offense charged, and enable the defendant to plead his acquittal or conviction to a subsequent…

2Cited by8 opinions

  1. Grant v. StateSupreme Court of Alabama · 1876
  2. Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
  3. Ex Parte HillSupreme Court of Alabama · 1924
  4. MacHen v. StateAlabama Court of Appeals · 1917
  5. Pfister v. StateSupreme Court of Alabama · 1887

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