Harmon v. State

CATES, Judge.

Robbery: sentence, 30 years.

On consideration of the application for rehearing, the former opinion is withdrawn and the following becomes the opinion of the Court:

For the offense of robbery, Form No. 95, Code 1940, T. 15, § 259, prescribes the use of the word “feloniously” to charge the intent with which property is taken. The use of this word or its equivalent has been *2held to be mandatory, i. e. the indictment without it is void.1 Chappell v. State, 52 Ala. 359.

The instant true bill does not contain this word or any substitute therefor.

It is to be noted that this fatal defect…