Underwood v. State
Supreme Court of Alabama
Feom the Circuit Court of Perry. Tried before the Hon. JoitN MooRe. The indictment in this case charged, in a single count, “ that Perry Underwood, alias Charley Williams, feloniously took and carried away a cow, the personal property of Ann Fooley.” The defendant pleaded not guilty, and issue was joined on that plea.
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Feom the Circuit Court of Perry. Tried before the Hon. JoitN MooRe. The indictment in this case charged, in a single count, “ that Perry Underwood, alias Charley Williams, feloniously took and carried away a cow, the personal property of Ann Fooley.” The defendant pleaded not guilty, and issue was joined on that plea. On the trial, Mrs. Ann Foley was introduced as a witness on the part of the State, and testified, “ that the cow mentioned was her property, and was stolen from her in Dallas county, at her place about four miles from Selma, where her cattle were kept in a pasture; that she was…
1Opinion of the Court
BRICKELL, O. J.
An indictment for larceny must state, the ownership of the property charged to have been stolen, or *222excuse the omission by proper averments. When the ownership is alleged, a variance between the allegation and the proof entitles the accused to an acquittal, though it will not bar a new indictment describing or averring the ownership properly. In this case, the name of the owner of the thing stolen is averred to be Ann Fooley, while the evidence was that the true name of the owner was Ann Foley, so spelled and pronounced by her, and never spelled or pronounced as Ann Fooley.
The…
2Cited by32 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Bryant v. StateSupreme Court of Alabama · 1897
- Orr v. StateSupreme Court of Alabama · 1894
- Huddleston v. StateAlabama Court of Appeals · 1953
- Coats v. StateSupreme Court of Alabama · 1952
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