Sheppard v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before Hon. John Henderson. The indictment in this case was found at the fall term, 1868, of said court, and charged, “ that before the finding of this indictment, Moses Sheppard, a freedman, broke into and entered a building, commonly called a thrasher, of William Blake, in which said building wheat was deposited, and did feloniously take and carry away ten bushels of wheat, the personal property of William Blake, against the…
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Appeal from the Circuit Court of Randolph. Tried before Hon. John Henderson. The indictment in this case was found at the fall term, 1868, of said court, and charged, “ that before the finding of this indictment, Moses Sheppard, a freedman, broke into and entered a building, commonly called a thrasher, of William Blake, in which said building wheat was deposited, and did feloniously take and carry away ten bushels of wheat, the personal property of William Blake, against the peace,” &c. At the spring term, 1868, the State having entered a nolle prosequi as to the charge of burglary, the…
1Opinion of the CourtByrd, J.
The indictment is not good for either burglary or larceny. A nolle prosequi was entered on the supposed charge of burglary, and the solicitor directed to proceed against the prisoner for petit larceny. There is no averment of value of the thing alleged to have been stolen. This is fatal.— Wilson v. The State, 1 Por. 116; State v. Garner, 8 Por. 447; Wharton’s Criminal Law.
It has been held, that where a statute makes the stealing of a particular thing a felony, without reference to its value, then it is unnecessary to aver value. — 1 Bish. Cr. Pro., § 2M; 2 ib., § 676, et seq. As the other…
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