Jackson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Morgan Jackson was convicted of grand larceny, and he appeals. The indictment is as follows: “Before the finding of this indictment Morgan Jackson feloniously took, carried away, from the person of R. H. Walker $30 in lawful currency of the United States of America, a more definite description of which is to the grand jury unknown, of the value of $30, the personal property of R. H. Walker.”
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Morgan Jackson was convicted of grand larceny, and he appeals. The indictment is as follows: “Before the finding of this indictment Morgan Jackson feloniously took, carried away, from the person of R. H. Walker $30 in lawful currency of the United States of America, a more definite description of which is to the grand jury unknown, of the value of $30, the personal property of R. H. Walker.” The demurrers are: “First, charges no offense; second, does not charge the character of money that was feloniously taken and carried away;…
1Opinion of the CourtMerritt, J.
The appellant was convicted of grand larceny and, sentenced to the penitentiary for a term of not less than three nor more than five years.
[1] The demurrers to the indictment were properly overruled. Owens v. State, 104 Ala. 18, 16 South. 575; Leonard v. State, 115 Ala. 80, 22 South. 564.
[2, 3] It is the general rule that, if the defendant desires to avail himself of the right to have the answer of a witness to a question excluded, he should object to the question. It does not appear that objection was made to the questions that called for the statements made by the witness Walker that he…
2Cases cited8 opinions
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Leonard v. StateSupreme Court of Alabama · 1896
- Gardner v. StateAlabama Court of Appeals · 1920
- Yarborough v. StateSupreme Court of Alabama · 1868
- McIntosh v. StateSupreme Court of Alabama · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sweeney v. StateAlabama Court of Appeals · 1932
- Goodman v. StateAlabama Court of Appeals · 1924
- Whitley v. StateAlabama Court of Appeals · 1953
- Green v. StateCourt of Criminal Appeals of Alabama · 1979
- Gilmer v. StateAlabama Court of Appeals · 1944