Ex parte State
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by tbe State of Alabama on application of tbe Attorney General for certiorari to review tbe judgment of tbe Court of Appeals reversing and remanding tbe case of Wright Savage v. State, 8 Ala. App. 334; 62 South. 999, wherein tbe Court of Appeals held that there was a variance between tbe allegations of tbe indictment that a corn crib was burned, and tbe proof that tbe building burned was a barn. for tbe State.
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Certiorari to Court of Appeals. Petition by tbe State of Alabama on application of tbe Attorney General for certiorari to review tbe judgment of tbe Court of Appeals reversing and remanding tbe case of Wright Savage v. State, 8 Ala. App. 334; 62 South. 999, wherein tbe Court of Appeals held that there was a variance between tbe allegations of tbe indictment that a corn crib was burned, and tbe proof that tbe building burned was a barn. for tbe State. Tbe construction given section 6296, Code 1907, in tbe case of Jaclcson v. State, is too narrow and technical, and tbe Court of Appeals erred in…
1Dissent
McClellan and de Graffenried, JJ.,
dissent, for that the ruling is made to depend upon Jackson v. State, 145 Ala. 54, 40 South. 979, and the opinion is entertained that that decision is unsound in its very narrow and technical construction or interpretation of Code 1896, § 4837, now, in substance as presently important, Code 1907, § 6296.
2Cases cited1 opinion
- Jackson v. StateSupreme Court of Alabama · 1906