Matthews v. State
Alabama Court of Appeals
Richard, alias Dick, Matthews, was indicted for burglary and grand larceny, convicted of grand larceny, and be appeals. The following is the indictment: “(1) The grand jury of said county charge that before the finding of this indictment that Richard Matthews, alias Dick Matthews, and Will Avery with intent to steal broke into and entered a railroad car upon or connected with the Southern Railway Company, a corporation, in the state of Alabama, and in Colbert comity, in…
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Richard, alias Dick, Matthews, was indicted for burglary and grand larceny, convicted of grand larceny, and be appeals. The following is the indictment: “(1) The grand jury of said county charge that before the finding of this indictment that Richard Matthews, alias Dick Matthews, and Will Avery with intent to steal broke into and entered a railroad car upon or connected with the Southern Railway Company, a corporation, in the state of Alabama, and in Colbert comity, in which goods, merchandise, and overalls, valuable things, were kept for use, deposit, or transportation as freight. “(2)…
1Opinion of the CourtBricken, P. J.
The indictment contained four counts, which will be set out by the reporter.
[1] Upon> the request of the defendant in writing, the court gave the affirmative charge as .to counts 1 and 2 of the indictment, and stated as the reasons therefor in his oral charge to the jury that — •
“The defendant has -asked what is known as the general charge on two counts in the indictment, and the court has given you those charges. That will eliminate from you the first two counts, the two counts on burglary. The court did that because the indictment alleges that the car was upon and connected with the…
2Cases cited2 opinions
- Johnson v. StateSupreme Court of Alabama · 1883
- Johnson v. StateSupreme Court of Alabama · 1895
3Cited by4 opinions
- Vandiver v. StateAlabama Court of Appeals · 1953
- Foster v. StateCourt of Criminal Appeals of Alabama · 1971
- Ledbetter v. StateAlabama Court of Appeals · 1931
- Vandiver v. StateAlabama Court of Appeals · 1953