Noah v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. John H. Miller. (On application of the state the Supreme Court reviewed the decision in this case, and denied the writ. See Ex parte State v. Noah, 197 Ala. 701, 72 South. 618.) Tom Noah was convicted of burglary and he appeals,
1Opinion of the CourtBrown, J.
(1, 2) The rule which requires indictments to aver every fact necessary to an affirmation of guilt is not satisfied as long as any essential fact is left to implication or inference. — Emmonds v. State, 87 Ala. 12, 6 South. 54; Mazett v. State, 11 Ala. App. 317, 66 South. 871; Adams v. State, 13 Ala. App. 330, 69 South. 357. The indictment in this case lays the ownership of the building broken into and entered in the “Hill Grocery Company,” without averring that it is a corporation or a partnership. This averment is followed by the averment that the defendant “feloniously took and carried…
2Cases cited7 opinions
- Smith v. StateSupreme Court of Alabama · 1901
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Emmonds v. StateSupreme Court of Alabama · 1888
- State v. BushAlabama Court of Appeals · 1915
- Adams v. StateAlabama Court of Appeals · 1915
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