Bailey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The appellant was tried and' convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment Dink Bailey, alias Charles Bailey, with intent to steal, broke into and entered a store-house of the Parker Coal Com-; pany, a corporation, in which goods, clothing or mérchandise, things of value, were kept for use, sale or deposit, and then and…
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. The appellant was tried and' convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment Dink Bailey, alias Charles Bailey, with intent to steal, broke into and entered a store-house of the Parker Coal Com-; pany, a corporation, in which goods, clothing or mérchandise, things of value, were kept for use, sale or deposit, and then and there feloniously took and carried away from said store-house two pairs of men’s shoes, value of five dollars, two pair…
1Opinion of the Court
BRICKELL, O'. J.
1. The objections to the indictment were not well .taken. . An indictment for burglary, with intent to steal, may, in the same count aver the .intent and the actual larceny, without being obnoxious .to an objection for duplicity. The averment of the larceny is not regarded as the averment of a distinct offense, but merely as the averment that the particular burglarious intent was consummated.— Wolf v. State, 49 Ala. 359; Adams v. State, 55 Ala. 143; Gordon v. State, 71 Ala. 315.
2. In offenses against property, the indictment must aver the ownership if it be known 7 When the…
2Cases cited5 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- Justice v. StateSupreme Court of Alabama · 1892
- Adams v. StateSupreme Court of Alabama · 1876
- Brown v. StateSupreme Court of Alabama · 1893
- Wolf v. StateSupreme Court of Alabama · 1873
3Cited by7 opinions
- Welch v. StateSupreme Court of Alabama · 1908
- Mazett v. StateAlabama Court of Appeals · 1914
- Burks v. StateSupreme Court of Alabama · 1898
- Lantern v. StateAlabama Court of Appeals · 1911
- Thomas v. StateAlabama Court of Appeals · 1916
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