Davis v. State
Supreme Court of Alabama
Appeal from Circuit Court of Greeue. Tried before Hon. Luther B. Smith. The appellant was tried and convicted on an indictment, which charged that he “ broke into and entered the shop, store, warehouse, or other building of Messrs. Lamb, Blair A Co., in which goods, merchandise or other valuable things were kept for use, sale or deposit, with intent to steal,” Ac. He moved in arrest of judgment, on the ground that the ownership was not properly laid in the indictment.
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Appeal from Circuit Court of Greeue. Tried before Hon. Luther B. Smith. The appellant was tried and convicted on an indictment, which charged that he “ broke into and entered the shop, store, warehouse, or other building of Messrs. Lamb, Blair A Co., in which goods, merchandise or other valuable things were kept for use, sale or deposit, with intent to steal,” Ac. He moved in arrest of judgment, on the ground that the ownership was not properly laid in the indictment. The court overruled the motion, and sentenced the prisoner to four years imprisonment in the penitentiary. The minute entry of…
1Opinion of the CourtStone, J.
The indictment in this case is bad, because it does not specify the article or articles which constitute the “ other valuable things,” and does not aver that they are valuable. In this respect, it is not enough to follow the language of the statute.—See Hicks v. State, at present term, and authorities cited.
We think, also, that the description, in the indictment, of the ownership of the shop, store, Ac., in which the goods, merchandise, Ac., were kept, should be specified with more particularity. The names of the persons composing the firm should be set out, that it may distinctly appear that…
2Cases cited2 opinions
- Beall v. StateSupreme Court of Alabama · 1875
- Smith v. StateSupreme Court of Alabama · 1875
3Cited by8 opinions
- Emmonds v. StateSupreme Court of Alabama · 1888
- Henderson v. StateSupreme Court of Alabama · 1881
- White v. StateSupreme Court of Alabama · 1882
- Lumpkin v. StateSupreme Court of Alabama · 1880
- Jackson v. StateWisconsin Supreme Court · 1882
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