McCord v. State
Supreme Court of Alabama
From the County Court of Macon. Tried before the Hon. P. S. Holt. This case originated in the Circuit Court, and was transferred to the County Court. The indictment charged that the defendants “ did knowingly, willfully, and without the consent of Mary C. Burks, she being the owner thereof, enter upon the lands of Mary C. Burks, and cut and carry away three pine trees, the same being timber of the value of five dollars; against the peace,” &c.
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From the County Court of Macon. Tried before the Hon. P. S. Holt. This case originated in the Circuit Court, and was transferred to the County Court. The indictment charged that the defendants “ did knowingly, willfully, and without the consent of Mary C. Burks, she being the owner thereof, enter upon the lands of Mary C. Burks, and cut and carry away three pine trees, the same being timber of the value of five dollars; against the peace,” &c. The defendants demurred to the indictment, “ because it charges no offense,” and “ because it does not aver that the act charged was done with the…
1Opinion of the CourtOlopton, J.
An indictment, framed under ' a statute which creates an offense and prescribes its constituent elements, must allege all the circumstances or ingredients, which enter into the essential description of the offense. If the intent is a statutory constituent, not only the acts, in the doing of which the offense consists, but the intent with which they are done, must be alleged. Proof of the intention, without an allegation, is not sufficient.—Eubanks v. State, 17 Ala. 181; 1 Bish. Crim. Proc. § 521; Davis v. State, 68 Ala. 58.
The statute on which the indictment is found declares: “Any person…
2Cases cited2 opinions
- Davis v. StateSupreme Court of Alabama · 1880
- Eubanks v. StateSupreme Court of Alabama · 1850
3Cited by5 opinions
- Barbee v. StateCourt of Criminal Appeals of Alabama · 1982
- Holt v. StateSupreme Court of Alabama · 1888
- Hill v. StateCourt of Criminal Appeals of Alabama · 1972
- Garner v. StateCourt of Criminal Appeals of Alabama · 1982
- Hill v. StateCourt of Criminal Appeals of Alabama · 1972