Rose v. State
Supreme Court of Alabama
Appeal from the Law and Equity Court of Tuscaloosa. Tried befoi'e the Hon. James J. Mayeield. The appellant was tried and convicted under an indictment, the first count of which charged burglary from a storehouse, and the second count charged him with grand larceny for stealing personal property from a storehouse. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Law and Equity Court of Tuscaloosa. Tried befoi'e the Hon. James J. Mayeield. The appellant was tried and convicted under an indictment, the first count of which charged burglary from a storehouse, and the second count charged him with grand larceny for stealing personal property from a storehouse. The facts of the case are sufficiently stated in the opinion. Among the charges requested by the defendant, and to the refusal to give which the defendant separately excepted, was the following : “6. The court charges the j ury that some value of the goods taken must be proven…
1Opinion of the CourtHaealson, J.
1. The venue was not proved, and for this reason, the general charge for the defendant should have been given. — Dorsey v. The State, 111 Ala. 40.
2. The indictment was found in the circuit court of Tuscaloosa county, and filed therein on the 26th November, 1896. That court, in the absence of some statute authorizing its removal and trial in another court, alone had jurisdiction to try the cause. The act creating “The Tuscaloosa County Law and Equity Court” (Acts 1896-97, p. 262), in its 9th section, provides as to criminal cases, “That all criminal causes now or hereafter pending in the…
2Cases cited3 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Goodloe v. StateSupreme Court of Alabama · 1877
- Dorsey v. StateSupreme Court of Alabama · 1895
3Cited by14 opinions
- Reedy v. StateSupreme Court of Alabama · 1945
- Andrews v. StateSupreme Court of Alabama · 1909
- Payne v. StateSupreme Court of Alabama · 1954
- Lucas v. StateSupreme Court of Alabama · 1905
- Norman v. StateAlabama Court of Appeals · 1915
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