Davis v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Clisby Davis was convicted of robbery, and he appeals. The indictment was sufficiently particular. — Garden v. The State, 89 Ala. 130; Gady v. The State, 83 Ala. 51. There was no fatal variance between tbe proof and tbe allegations. — State v. Murphy, 6 Ala. 845; Grant v. The State, 55 Ala. 201; Bates v. The State, 152 Ala. 77.
1Opinion of the CourtPelham, J.
While the defendant was confined in jail with several other persons, one of the prisoners so confined (John Pngh by name), was robbed by his fellow prisoners, and he (Pugh) charged the commission of the offense to the defendant and one Morris Brown, who were jointly indicted, charged with having robbed Pugh. The indictment charged that Brown and Davis “feloniously took 15 silver dollars,” etc., the property of Pugh, from his person and against his will, etc. Upon arraignment the defendant Davis demanded a severance, which the court granted, and this appeal is from the proceedings in the trial…
2Cases cited5 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- Newsom v. StateSupreme Court of Alabama · 1894
- State v. MurphySupreme Court of Alabama · 1844
- Jackson v. StateSupreme Court of Alabama · 1881
- Bates v. StateSupreme Court of Alabama · 1907
3Cited by7 opinions
- Richardson v. StateSupreme Court of Alabama · 1938
- Ware v. StateAlabama Court of Appeals · 1914
- Ex parte SpiveySupreme Court of Alabama · 1912
- Hope v. StateAlabama Court of Appeals · 1912
- Turney v. StateAlabama Court of Appeals · 1917
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