Holt v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this' case charged, in several counts, that the defendant “feloniously received,” or “feloniously bought,” or “feloniously bought, or concealed, or aided in concealing, one bed-tick, of the value of $1.50, the personal property of Adam Glass, before then feloniously taken and carried away, then and there well knowing that the said property had been feloniously taken and carried away; against…
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this' case charged, in several counts, that the defendant “feloniously received,” or “feloniously bought,” or “feloniously bought, or concealed, or aided in concealing, one bed-tick, of the value of $1.50, the personal property of Adam Glass, before then feloniously taken and carried away, then and there well knowing that the said property had been feloniously taken and carried away; against the peace,” &c. There was no demurrer to the indictment, nor motion in arrest of judgment, and the case is brought up…
1Opinion of the CourtClopton, J.
The general rule in criminal pleading requires, that every fact and circums+ance, which enters into and constitutes an essential ingredient of the offense, shall be set forth in the indictment; otherwise no offense is charged. If the indictment-is framed under a statute, which defines the offense created, and prescribes its constituents, it must allege in the words of the statute, or other words equivalent in meaning, all the statutory elements which are essentially descriptive of the offense.—Davis v. State, 68 Ala. 58; McCord v. State, 79 Ala. 269.
The appellant was indicted and convicted…
2Cases cited4 opinions
- Davis v. StateSupreme Court of Alabama · 1880
- Pelts v. StateIndiana Supreme Court · 1832
- State v. ComfortSupreme Court of Missouri · 1838
- McCord v. StateSupreme Court of Alabama · 1885
3Cited by9 opinions
- Travis v. StateCourt of Criminal Appeals of Alabama · 1997
- Barbee v. StateCourt of Criminal Appeals of Alabama · 1982
- Tinsley v. StateCourt of Criminal Appeals of Alabama · 1986
- Fulton v. StateAlabama Court of Appeals · 1913
- Heidelberg v. StateCourt of Criminal Appeals of Alabama · 1991
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