Legal Opinion

Bates v. State

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 12 opinions

Petit Larceny. Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. B. B. Bates was convicted of petit larceny, and be appeals. Tbe original affidavit was in tbe following language: ‘‘Tbe State of Alabama, Cleburne County.

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Petit Larceny. Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. B. B. Bates was convicted of petit larceny, and be appeals. Tbe original affidavit was in tbe following language: ‘‘Tbe State of Alabama, Cleburne County. Before me, A. J. Overton, N. P. and ex officio J. P. .in and for said county, in person come Amanda Bennefield, wbo, being duly sworn, says that sbe bas probable cause for believing and does believe that tbe offense of petit larceny bas in tbe opinion of tbe complainant been committed, and charging that B. B. Bates was guilty thereof in said county, against…

1Opinion of the CourtSimpson, J.

The appellant was convicted of the offense of petit larceny. The original affidavit was amended, and the trial was on said amended affidavit. Snch amendment is authorized by law. — Gandy v. State, 81 Ala. 68, 1 South. 35; Simpson v. State, 111 Ala. 6, 20 South. 572; Tatum v. State, 66 Ala. 465; Perry v. State, 78 Ala. 22. This being true, it is immaterial whether the original affidavit was sufficient, and the rulings of the court in regard to that affidavit do not constitute reversible error.

The amended affidavit was sufficient. — Code 1896, § 4600; Acts 1896-97, p. 810, § 15. Added to this,…

2Cases cited6 opinions

  1. Miles v. StateSupreme Court of Alabama · 1891
  2. Simpson v. StateSupreme Court of Alabama · 1895
  3. Tatum v. StateSupreme Court of Alabama · 1880
  4. Gandy v. StateSupreme Court of Alabama · 1886
  5. Thomas v. StateSupreme Court of Alabama · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Milam v. StateSupreme Court of Alabama · 1940
  2. Ex Parte McElroySupreme Court of Alabama · 1941
  3. Lee v. StateAlabama Court of Appeals · 1924
  4. Marsh v. StateAlabama Court of Appeals · 1912
  5. Ware v. StateAlabama Court of Appeals · 1914

7 more not listed; retrieve them via the Exa API.

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