Peck v. State
Supreme Court of Alabama
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. The defendant was tried and convicted for burglarizing the depot of the Southern Railway. The facts are sufficiently stated in the opinion of the court. It is a familiar principle that if an indictment is unnecessarily particular in its averments the averments which are unnecessary must be proven as well as any other allegation. — A. & E. Ency.
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Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. The defendant was tried and convicted for burglarizing the depot of the Southern Railway. The facts are sufficiently stated in the opinion of the court. It is a familiar principle that if an indictment is unnecessarily particular in its averments the averments which are unnecessary must be proven as well as any other allegation. — A. & E. Ency. Law, p. 558. The testimony of the witness Otts shows that the statement of the defendant was not voluntarily made. — Lacey v. State, 58 Ala. 386; Kelly v. State, 72“Ala. 244. The absence…
1Opinion of the CourtDowdell, J.
The demurrer to the indictment upon the ground that the indictment failed to charge that the Southern Railway Company was a corporation was without merit. The indictment charges that the defendant, “with the intent to steal broke into and entered a building, to wit, the depot of the Southern Railway Company, etc., the said depot being the property of the-Southern Railway Company, a corporation.” The point made by the demurrer is that the omission of the words “a corporation” after Southern Railway Com*102pany, where first used in the indictment, was a failure to aver corporate character; but this…
2Cases cited12 opinions
- Carroll v. StateSupreme Court of Alabama · 1853
- Spicer v. StateSupreme Court of Alabama · 1881
- Kelly v. StateSupreme Court of Alabama · 1882
- Redd v. StateSupreme Court of Alabama · 1881
- Wright v. StateSupreme Court of Alabama · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Redwine v. StateSupreme Court of Alabama · 1952
- Arnold v. StateCourt of Criminal Appeals of Alabama · 1977
- Carr v. State.Alabama Court of Appeals · 1920
- State v. BerberickMontana Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.