Hill v. State
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before. Hon. H. W. Speake. The defendant and another were indicted for robbery. The indictment was in the following language: The grand jury of said county charge, etc., that Mack Hill and Hubert Watson feloniously took nine dollars in money, silver coin of the United states of America, the exact denomination of Avhich is unknoAvn to the grand jury, of tlie value of nine dollars, the property of Alexander Mots, from the person or…
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Appeal from Morgan Circuit Court. Heard before. Hon. H. W. Speake. The defendant and another were indicted for robbery. The indictment was in the following language: The grand jury of said county charge, etc., that Mack Hill and Hubert Watson feloniously took nine dollars in money, silver coin of the United states of America, the exact denomination of Avhich is unknoAvn to the grand jury, of tlie value of nine dollars, the property of Alexander Mots, from the person or possession of Lula Mots against, her will, by violence to her person or by putting her in such fear as unAvillingly to part…
1Opinion of the Court
ANDERSON, J.-
Tlie defendant was indicted for robbery, and tlie indictment avers tlie taking of property of Alexander Mots from the “person or possession of Lula .Mots,” and was subject to the demurrer interposed. The statute in this State fixes the punishment of robbery only, and we are remitted io the common law for a definition of the olfense. Pretermitting the grounds of demurrer as to the averment of the ownership in one and the taking from another, the indictment was defective by reason of the alternative averment of the taking from the “person or possession” of Lula Mots. Blackstone…
2Cases cited2 opinions
- Thomas v. StateSupreme Court of Alabama · 1890
- James v. StateSupreme Court of Alabama · 1875
3Cited by22 opinions
- Cobern v. StateSupreme Court of Alabama · 1962
- Commonwealth v. HomerMassachusetts Supreme Judicial Court · 1920
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- State v. DesoSupreme Court of Vermont · 1938
- State v. VerretSupreme Court of Louisiana · 1932
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