Point v. State
Supreme Court of Alabama
¡From '-the City Court of Mobile. Tried before the Hon. Herry Chamberlain. The indictment in this case charged, .that the prisoner, John Point, “feloniously took and .carried away from a dwelling-house a coat, of the value of -ten dollars, and a pair of pantaloons, of the value of five dollars, the personal property of Juli Antoine.”
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¡From '-the City Court of Mobile. Tried before the Hon. Herry Chamberlain. The indictment in this case charged, .that the prisoner, John Point, “feloniously took and .carried away from a dwelling-house a coat, of the value of -ten dollars, and a pair of pantaloons, of the value of five dollars, the personal property of Juli Antoine.” The evidence adduced on the .trial, and the charges of the court to the jury, are thus stated in the bill of exceptions : “The,State introduced a witness, who testified as follows: ‘ImOctober, .1S60, .about a .week before the finding of the indictment in this…
1Opinion of the CourtStone, J.
We are not able to perceive any misnomer in the present case. The pronunciation Af the two names is substantially the same, and we think the doctrine of idem sonans must be held to apply.—Petrie v. Woodworth, 3 Caines’ Rep. 219; Aaron v. The State, at the present term ; Whar. Am. Cr. Law, -258, and authorities cited.
[2.] The question, whether or ..not the alleged larceny was committed in a dwelling-house, is not presented by the present record. We .are not informed that the bill of exceptions contains all.the evidence; .and that which is set out tends to prove, that the present building was…
2Cases cited1 opinion
- State v. ChambersSupreme Court of Alabama · 1844
3Cited by4 opinions
- Bailey v. StateSupreme Court of Alabama · 1892
- Driver v. StateSupreme Court of Alabama · 1921
- Henry v. StateSupreme Court of Alabama · 1866
- Mote v. StateAlabama Court of Appeals · 1938