Adams v. State
Supreme Court of Alabama
Prom the Circuit Court of Hale. Tried before the Hon. George H. Craig. The indictment in this case was found at the April term, 1877, and contained but a single count, which charged that Henry Adams and Emanuel Black, ,! before the finding of this indictment, feloniously took and carried away a cow, the personal property of Albert Marcey.”
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Prom the Circuit Court of Hale. Tried before the Hon. George H. Craig. The indictment in this case was found at the April term, 1877, and contained but a single count, which charged that Henry Adams and Emanuel Black, ,! before the finding of this indictment, feloniously took and carried away a cow, the personal property of Albert Marcey.” Henry Adams, being on trial alone, demurred to the indictment — “ 1st, because the value of tbe property alleged to have been stolen is not alleged; and, 2d, because the indictment does not allege that the offense was committed before or since the passage…
1Opinion of the CourtManning, J.
Defendant demurred to the indictment, because it charged him with having stolen a cow, without specifying any value, or averring that the offense was committed after the statute of February 20, 1875, making the offense grand larceny without regard to value. In cases of larceny, an allegation of the value of the property stolen is generally essential, in order that the record may show what penalty the court has authority to adjudg.e against the offender, upon his pleading “guilty,” or upon the rendition of a verdict of “guilty” against him. And in the case of an offense, for which the penalty…
2Cases cited3 opinions
- Sheppard v. StateSupreme Court of Alabama · 1868
- Lopez v. StateTexas Supreme Court · 1858
- State v. GarnerSupreme Court of Alabama · 1839
3Cited by5 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- Laminack v. StateAlabama Court of Appeals · 1922
- Laminack v. StateAlabama Court of Appeals · 1922
- Farrister v. StateAlabama Court of Appeals · 1922
- Reeves v. StateAlabama Court of Appeals · 1944