Turner v. State
Supreme Court of Alabama
From tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Wm. S. Mudd. The indictment in tbis case was found at tbe special November term, 1865, and contained two counts; tbe first charging, that the prisoner “did aid in the concealment of a mare, the property of Hale, Murdock & Co., knowing that the said mare was feloniously stolen, taken, and carried away”; and the second, that the mare was “the property of Harrison Hale, Abram Murdock, John M. Morgan, and James M.…
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From tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Wm. S. Mudd. The indictment in tbis case was found at tbe special November term, 1865, and contained two counts; tbe first charging, that the prisoner “did aid in the concealment of a mare, the property of Hale, Murdock & Co., knowing that the said mare was feloniously stolen, taken, and carried away”; and the second, that the mare was “the property of Harrison Hale, Abram Murdock, John M. Morgan, and James M. Wesson, a firm known as Hale, Murdock & Go.” The prisoner demurred, “in short by consent,” to the whole indictment, and to…
1Opinion of the CourtJudge, J.
1. The advantages of different statements, in distinct counts of an indictment, are very apparent, and tbe cautious pleader will always insert as many counts as *24may be necessary to meet every possible contingency. This the law permits; and it is also well settled, that a general verdict of guilty, under an indictment containing both good and bad counts, will be,referred to the good counts, and the judgment of conviction thereupon sustained.—Shaw v. The State, 18 Ala. 547; Hudson v. The State, 34 Ala. 253. If an indictment, then, should contain both good and bad counts, no sufficient reason…
2Cases cited4 opinions
- Cobia v. StateSupreme Court of Alabama · 1849
- Shaw v. StateSupreme Court of Alabama · 1851
- Hudson v. StateSupreme Court of Alabama · 1859
- Barber v. StateSupreme Court of Alabama · 1859
3Cited by20 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Gould v. WiseNevada Supreme Court · 1884
- State v. TyreeSupreme Court of Kansas · 1904
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1899
- Jackson v. StateAlabama Court of Appeals · 1953
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