Carl v. State
Supreme Court of Alabama
Appeal from tlie City Court of Mobile. Tried before tlie Hon. O. J. Semmes. Tlie indictment under which tlie appellant in this case was tiied and convicted contained six counts. The first Lhree counts in the indictment charged that the defendant feloniously took and carried away 100 pine logs; the said three counts differing from each other in the-way in which the ownership to the lands from which the logs were taken is alleged.
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Appeal from tlie City Court of Mobile. Tried before tlie Hon. O. J. Semmes. Tlie indictment under which tlie appellant in this case was tiied and convicted contained six counts. The first Lhree counts in the indictment charged that the defendant feloniously took and carried away 100 pine logs; the said three counts differing from each other in the-way in which the ownership to the lands from which the logs were taken is alleged. The court gave the general affirm, ative charge in favor of the defendant upon these three counts. The 4th, 5th and 6th counts of the indictment Avere as folloAvs: 4.…
1Opinion of the CourtHaralson, J.
1. The indictment is in the Code form (No. 52), and is sufficient. — Brown v. The State, 100 Ala. 92. The sufficiency of these forms has been sustained too often to be noAV questioned by the courts. McCullough v. The State, 63 Ala. 75; Code, § 5050.
2. An investigation having been had before the grand jury which returned the indictment, no inquiry into the sufficiency of the evidence adduced before that body can be made upon a motion to quash the indictment, and such motion avus properly overruled. — Bryant v. The State, 79 Ala. 282.
3. -If the court erred in admitting evidence of confessions…
2Cases cited18 opinions
- Floyd v. StateSupreme Court of Alabama · 1886
- Newsom v. StateSupreme Court of Alabama · 1894
- Reddick v. LongSupreme Court of Alabama · 1899
- Russell v. IrbySupreme Court of Alabama · 1848
- Bell v. DensonSupreme Court of Alabama · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. TeeterNevada Supreme Court · 1948
- State v. BickfordNorth Dakota Supreme Court · 1913
- People v. SingCalifornia Court of Appeal · 1919
- Hamilton v. StateSupreme Court of Florida · 1937
- Gaines v. StateSupreme Court of Alabama · 1906
21 more not listed; retrieve them via the Exa API.