Adams v. State
Supreme Court of Alabama
FROM the Circuit Court of Shelby. Tried before the Hon. John Henderson. The indictment in this . case contained two counts; the first charging that the defendants, Joe Adams and Chance Thomas, “broke into and entered the corn-crib, a building of French Nabors, in which corn, an article of value, was at the time kept for use, with intent to steal;” and the second, that they “feloniously took and carried away two bushels of corn, of the value of one dollar and fifty cents, the…
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FROM the Circuit Court of Shelby. Tried before the Hon. John Henderson. The indictment in this . case contained two counts; the first charging that the defendants, Joe Adams and Chance Thomas, “broke into and entered the corn-crib, a building of French Nabors, in which corn, an article of value, was at the time kept for use, with intent to steal;” and the second, that they “feloniously took and carried away two bushels of corn, of the value of one dollar and fifty cents, the property of French Nabors.” The defendants demurred to the indictment, and also moved to quash it, “ on account of…
1Opinion of the Court
BRICKELL, C. J. —
Tbe theory oí tbe joinder of different counts in an indictment is, that each count alleges a distinct and substantive offense. In practice, generally, tbe joinder is intended to meet tbe different phases in which the evidence may present the same offense. The general rule is, that counts for felony and misdemeanor may not be joined; nor can there be a joinder, where the legal judgment on each count would be materially different. 1 Whart. Cr. Law, § 418. Mere difference in the severity of the punishment, if the offenses are of the same nature, belong to the same family of…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Alabama · 1856
- State v. ColemanSupreme Court of Alabama · 1837
- Oliver v. StateSupreme Court of Alabama · 1861
- Wolf v. StateSupreme Court of Alabama · 1873
3Cited by11 opinions
- Tanner v. StateSupreme Court of Alabama · 1890
- Howard v. StateSupreme Court of Alabama · 1895
- James v. StateSupreme Court of Alabama · 1893
- Welch v. StateSupreme Court of Alabama · 1908
- Flournoy v. StateSupreme Court of Alabama · 1948
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