Arden v. State
Alabama Court of Appeals
Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Joshua Arden was convicted under an indictment charging burglary and grand larceny, and he appeals.
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Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Joshua Arden was convicted under an indictment charging burglary and grand larceny, and he appeals. The indictment as to the larceny count was not good. — Grant v. The State, 55 Ala. 208; James v. The State, 115 Ala. 86. The court erred in its admission of evidence and in the oral charge. — Buchanan v. The State, 109 Ala. 7. The court erred in defining reasonable doubt. — Pickens v. The State, 115 Ala. 50; Whittaker v. State, 106 Ala. 30. It is insisted on the authorities cited above that there was error in the refusal of…
1Opinion of the CourtPelham, J.
The indictment contains two counts. One, the first, is for burglary; the other for grand larceny. The verdict was a general verdict finding the defendant guilty as charged, and the sentence imposed was for a period of one year and seven months at hard labor. Burglary and grand larceny may properly be joined in different counts of the same indictment.— Gordon’s Case, 71 Ala. 315; Rose’s Case, 117 Ala. 77, 23 *66South. 638; Broughton’s Case, 105 Ala. 105, 16 South. 912. And when the verdict is general and the punishment imposed applicable to either offense, the verdict may be referred to either of…
2Cases cited12 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Gordon v. StateSupreme Court of Alabama · 1882
- Verberg v. StateSupreme Court of Alabama · 1902
- Lucas v. StateSupreme Court of Alabama · 1905
- Leonard v. StateSupreme Court of Alabama · 1896
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3Cited by2 opinions
- Wiggins v. StateSupreme Court of Alabama · 1943
- Chappell v. StateAlabama Court of Appeals · 1916