Butler v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case contained eight counts, the first charging the larceny by the defendant, Clayton Butler, of a horse, the personal property of Hester Taylor; the second, the larceny of a horse, the personal property of Lish Taylor; and the others, in different words, charging the embezzlement of the horse by (he defendant, or fraudulent conversion to his own use, while in his possession as agent,…
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case contained eight counts, the first charging the larceny by the defendant, Clayton Butler, of a horse, the personal property of Hester Taylor; the second, the larceny of a horse, the personal property of Lish Taylor; and the others, in different words, charging the embezzlement of the horse by (he defendant, or fraudulent conversion to his own use, while in his possession as agent, bailee, or under a loan for temporary use; some laying the ownership in Hester Taylor, and others in Lish Taylor, who was…
1Opinion of the CourtClopton, J.
Counts for embezzlement and larceny having been joined in the indictment, defendant moved the court to compel the State to elect, whether it would proceed to prosecute on the counts for embezzlement or larceny. There is nothing in the indictment indicating that the felonies charged in the different counts constitute an attempt to convict the accused of two or more offenses growing out of separate transactions. Due precaution suggests the propriety of charging a single offense in different ways in different counts, so as to meet every probable aspect of the case, that may be presented by the…
2Cases cited6 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- Wooster v. StateSupreme Court of Alabama · 1876
- Mayo v. StateSupreme Court of Alabama · 1857
- Jackson v. StateSupreme Court of Alabama · 1883
- Black v. StateSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Williams v. StateCourt of Criminal Appeals of Alabama · 1979
- Porath v. StateWisconsin Supreme Court · 1895
- Lacey v. StateAlabama Court of Appeals · 1915
- Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
21 more not listed; retrieve them via the Exa API.