Legal Opinion

Verberg v. State

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 33 opinions

Appeal from tlie City Court of Montgomery. Tried before tlie Hon. William H. Ti-iomas. The appellant in this ease, George Verberg, was tried and convicted under tlie following' indictment: “The grand jury of said county charge that before the finding of this indictment, George Verberg feloniously took and carried away twoi and 50-100 dollars, money of tlie United States, the further description of which is to tlie grand jury unknown, the personal property of Willis Bell,…

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Appeal from tlie City Court of Montgomery. Tried before tlie Hon. William H. Ti-iomas. The appellant in this ease, George Verberg, was tried and convicted under tlie following' indictment: “The grand jury of said county charge that before the finding of this indictment, George Verberg feloniously took and carried away twoi and 50-100 dollars, money of tlie United States, the further description of which is to tlie grand jury unknown, the personal property of Willis Bell, Jr., against the peace and dignity,” etc. Tlie judgment entry recites that demurrer to the indictment was. interposed and…

1Opinion of the CourtTyson, J.

The judgment entry shows that a demurrer to the indictment ivas overruled. No demurrer appears in the record, however. We can not, therefore, know what the specific objection to the indictment was if one was made. But whatever it may have been, it would he without avail, since its allegations are clearly sufficient and not subject to any ground of attack by demurrer. — Code, 8 4905; Leonard v. State, 115 Ala. 80; James v. State, Ib. 83; Owens v. State, 104 Ala. 18; Burney v. State, 87 Ala. 80; Grant v. State, 55 Ala. 201.

The evidence tended to show that defendant requested Bell, from whom it…

2Cases cited9 opinions

  1. Grant v. StateSupreme Court of Alabama · 1876
  2. Hubbard v. StateSupreme Court of Alabama · 1882
  3. Talbert v. StateSupreme Court of Alabama · 1898
  4. Leonard v. StateSupreme Court of Alabama · 1896
  5. Wells v. StateSupreme Court of Alabama · 1889

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

3Cited by33 opinions

  1. Suell v. DerricottSupreme Court of Alabama · 1909
  2. Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
  3. Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
  4. Jackson v. StateAlabama Court of Appeals · 1947
  5. State v. . OliverSupreme Court of North Carolina · 1923

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

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