Stollenwerk v. State
Supreme Court of Alabama
Feom tbe Circuit Court of Lowndes. Tried before tbe Hon. James Q. Smith. Tbe indictment in this case was found at tbe November term of said court, 1875, and contained but a single count, wbicb charged that tbe defendant “ did feloniously steal, take, and carry away a yearling, of tbe value of six dollars, tbe personal property of B.WoIlfe.”
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Feom tbe Circuit Court of Lowndes. Tried before tbe Hon. James Q. Smith. Tbe indictment in this case was found at tbe November term of said court, 1875, and contained but a single count, wbicb charged that tbe defendant “ did feloniously steal, take, and carry away a yearling, of tbe value of six dollars, tbe personal property of B.WoIlfe.” Tbe defendant pleaded not guilty, without making any objection to tbe indictment; but, after conviction, be moved in arrest of judgment, on tbe ground that tbe indictment, in its description of tbe animal stolen, was too indefinite to sustain a conviction.…
1Opinion of the Court
STONE, J. —
Any animal in tbe second year of its growth is a “yearling.” The description in tbe present indictment is too indefinite. It may include many animals, for tbe stealing of wbicb tbe act of February 20, 1875, does not provide. If the indictment bad charged, that tbe animal stolen, describing it, was “an animal of tbe cow kind,” it would have been sufficient. Nor is tbe indictment a sufficient charge of petit larceny. Tbe animal may have been one wbicb bad no *143recognized money value. The motion in arrest of judgment should have been sustained.
The judgment is reversed, and the cause…
2Cited by6 opinions
- State v. CollettIdaho Supreme Court · 1904
- Henry v. StateSupreme Court of Alabama · 1944
- State v. PerkinsSupreme Court of Louisiana · 1897
- Henry v. StateAlabama Court of Appeals · 1944
- Drakeford v. StateAlabama Court of Appeals · 1955
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