Lucas v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon.'w. H.rThomas. The defendant and Will McCoo were indicted under five different indictments by the grand jury of the Mont•gomery City Court for grand larceny from a chicken or hen house and for burglarizing a chicken or hen house, and also for burglary of a dwelling house. The indictments allege the taking of different articles belonging to different people, each indictment alleging a separate offence.
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Appeal from Montgomery City Court. Heard before Hon.'w. H.rThomas. The defendant and Will McCoo were indicted under five different indictments by the grand jury of the Mont•gomery City Court for grand larceny from a chicken or hen house and for burglarizing a chicken or hen house, and also for burglary of a dwelling house. The indictments allege the taking of different articles belonging to different people, each indictment alleging a separate offence. The judgment entry shows that Lucas demanded a severance and was tried alone. The judgment entry also shows that the trial was had on all…
1Opinion of the CourtDenson, J.
The defendant was, at the February term 1905, of Montgomery city court, jointly indicted with one Will McOoo in five indictments and was tried separately from his codefendant. All of the indictments are set out in the record and are numbered 2596, 2597, 2598, 2599 and 2609 respectively. Numbers 2597 and 2598 each charge grand larceny and conform to the form laid down in the Code. — Form 52.
*66Numbers 2590, 2599 and 2600 charge burglary of a chicken or hen house. These indictments for burglary are attacked upon the ground that they do not allege that the chicken-house was specially made to keep…
2Cases cited19 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Tanner v. StateSupreme Court of Alabama · 1890
- Gordon v. StateSupreme Court of Alabama · 1882
- Mayo v. StateSupreme Court of Alabama · 1857
- Horton v. StateSupreme Court of Alabama · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Wildman v. StateAlabama Court of Appeals · 1963
- People v. O'ConnorCalifornia Court of Appeal · 1927
- Barber v. StateSupreme Court of Alabama · 1907
- Lipscomb v. StateAlabama Court of Appeals · 1947
- Hall v. StateSupreme Court of Florida · 1953
26 more not listed; retrieve them via the Exa API.