Legal Opinion

Glenn v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 4 opinions

From the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. The indictment in this case contained three counts.

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From the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. The indictment in this case contained three counts. The first count was in these words : “ Tbe grand jury of said county charge that, before tbe finding of this indictment, William F. Glenn did remove, conceal, or sell a borse, tbe personal property of Albert Henry, for tbe purpose of hindering, delaying, or defrauding tbe said Albert Henry, who had a claim to said horse under a written instrument, to-wit: a mortgage; be, tbe said William E. Glenn, then and there having knowledge of the existence of said written instrument…

1Opinion of the CourtStone, J.

No assignment of errors, or brief of counsel, has been furnished for appellant in this cause; and we are left to examine the records ourselves, to ascertain if the Circuit Court committed any error, to the prejudice of the prisoner. We think the first count of the indictment clearly good, for it contains all that is requisite to constitute the statutory offense. — Pamph. Acts 1874-5, p. 259. That count being good, and the verdict of the jury a general finding, that finding must be referred to the good count. — 1 Brick. Dig. 501, § 761. Hence, we need not inquire whether the second and third…

2Cited by4 opinions

  1. Hornsby v. StateSupreme Court of Alabama · 1891
  2. James v. StateSupreme Court of Alabama · 1893
  3. May v. StateSupreme Court of Alabama · 1887
  4. Atwell v. StateSupreme Court of Alabama · 1879

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