Morris v. State
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. cited 1 Bish. Crim. Pro. § 486; Barclay v. State, 55 Ga. 179; Com. v. Butcher, 4 Grat, 544; Rangel v. State, 1 Tex.
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Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. cited 1 Bish. Crim. Pro. § 486; Barclay v. State, 55 Ga. 179; Com. v. Butcher, 4 Grat, 544; Rangel v. State, 1 Tex. App. 461; Turner v. State, 3 Heisk. 452; State v. Royster, 65 N. C. 539; Griffin v. State, 76 Ala. 29; as to the failure to prove description of property as charged, and insisted that there could be no conviction for larceny under the indictment, citing Code Sec. 4385; Goleman's case, 5 Port. 40; Adams' case, 55 Ala. 143; Lynch's case, 89 Ala. 18; 5 Pa. St. 126; 1 Bish. Or. Law §§ 804-810; 1 Arch. Or. Pr. &…
1Opinion of the CourtStone, C. J.
— The appellants in this case were indicted for robbery, and convicted of petit larceny. The point most strongly urged for the appellants is, that having been indicted for robbery the conviction in this ease was not justified. We can not subscribe to this contention. It is a well established rule of criminal law in this State, that where an offense charged in the indictment includes lesser offenses, the indictment will support a conviction of either of such lesser offenses. The major always includes the minor. Code of 1886, § 4482. The crime of robbery includes all the elements of larceny,…
2Cases cited3 opinions
- Thomas v. StateSupreme Court of Alabama · 1890
- McGehee v. StateSupreme Court of Alabama · 1875
- Allen v. StateSupreme Court of Alabama · 1877
3Cited by25 opinions
- Ex Parte BeverlySupreme Court of Alabama · 1986
- Watson v. StateCourt of Criminal Appeals of Alabama · 1980
- Flowers v. StateCourt of Criminal Appeals of Alabama · 1981
- James v. StateTennessee Supreme Court · 1964
- Higgs v. StateSupreme Court of Alabama · 1896
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