Brewer v. State

(1, 2) The defendant was convicted of the offense denounced by section 6897, Code 1907, and the evidence shows that the house shot at or into was the dwelling house of J. L. Lindley. The indictment charges “that Fayette Miller, Millege Brewer, and Frank Strawbridge shot a pistol, or other firearm at, into, through, or against a dwelling house.” This indictment is fatally defective in not showing that the shooting was unlawful. The indictment should negative the defendant’s ownership. — Emmonds v. State, 87 Ala. 12, 6 South. 54; Code 1907, § 7147.(3) The testimony of the witness Cox, offered…