Burrage v. State
Supreme Court of Alabama
Indictment for Larceny and Receiving Stolen Property. Appeal from the Circuit Court of LaFayette. The appellant, Joe Burrage, was arraigned under an indictment containing two counts ; the first count charging the defendant with larceny, and the second with receiving and concealing stolen property.
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Indictment for Larceny and Receiving Stolen Property. Appeal from the Circuit Court of LaFayette. The appellant, Joe Burrage, was arraigned under an indictment containing two counts ; the first count charging the defendant with larceny, and the second with receiving and concealing stolen property. Upon motion of the defendant the State was required to elect as to which of the two counts of the indictment it would proceed under, and the State by its solicitor elected to pro-1 ceed under the second count. It is unnecessary to set out a full statement of the facts as disclosed by the bill of…
1Opinion of the CourtColeman, J.
There were two counts in the indictment, one charging the defendant with larceny and the second, with receiving or concealing stolen property. The indictment did not present a case, which authorized the court to require the solicitor to elect on which count he would prosecute. This question has been often adjudicated.-Orr v. The State, 107 Ala. 35, and authorities. The solicitor elected to proceed upon the second *110count. Upon motion of the defendant, the court excluded certain confessions upon the ground that these confessions were evidence of the larceny, and not of the offense for which the…
2Cases cited1 opinion
- Orr v. StateSupreme Court of Alabama · 1894
3Cited by11 opinions
- Sherrod v. StateAlabama Court of Appeals · 1916
- Smith v. StateSupreme Court of Alabama · 1910
- Lee v. StateAlabama Court of Appeals · 1924
- Glenn v. StateSupreme Court of Alabama · 1908
- Weems v. StateSupreme Court of Alabama · 1938
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