Parmer v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case, which was found at the October term, 1866, charged that, before the finding thereof, “to-wit, since the first day of June, 1866, Hansford, alias Hansford D. Grant, Aaron, alias Aaron Parmer, and Brooks, whose name otherwise is to the grand jury unknown, feloniously stole, took, and carried away twenty-five cows, twenty-five steers, and twenty-five yearlings, of the value…
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case, which was found at the October term, 1866, charged that, before the finding thereof, “to-wit, since the first day of June, 1866, Hansford, alias Hansford D. Grant, Aaron, alias Aaron Parmer, and Brooks, whose name otherwise is to the grand jury unknown, feloniously stole, took, and carried away twenty-five cows, twenty-five steers, and twenty-five yearlings, of the value of more than one hundred dollars, the property of Britton C. Tarver, Alexander C. McWhorter, executors, and Ellen C.…
1Opinion of the CourtByrd, J.
1. The court did not err in refusing to allow one of the defendants to sever in his trial.—Hawkins v. The State, 9 Ala. 137; Penal Code, § 638; Revised Code, § 4190.
2. If the ownership, in an indictment for larceny, is laid in a person by name, and it is proved that the property belongs to an estate, of which that person is executor or administrator, the proof will be sufficient to sustain the indictment.—2 Bishop’s Crim. Procedure, § 686. If the ownership is laid in several persons, as joint owners, it is not sufficient to prove that it is in a less number than charged.—2 ib. 707. In this…
2Cases cited1 opinion
- Hawkins v. StateSupreme Court of Alabama · 1846
3Cited by6 opinions
- Jackson v. StateSupreme Court of Alabama · 1893
- Ex Parte ShoultsSupreme Court of Alabama · 1922
- Horton v. StateCourt of Appeals of Georgia · 1917
- Shoults v. StateAlabama Court of Appeals · 1922
- Walker v. StateSupreme Court of Alabama · 1895
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