Bailey v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | STONE, C.J. |
| Citation | 13 So. 566,99 Ala. 143 |
| Parties | BAILEY v. STATE. |
| Decision Date | 15 June 1893 |
13 So. 566
99 Ala. 143
BAILEY
v.
STATE.
Supreme Court of Alabama
June 15, 1893
Appeal from city of Gadsden; John H. Disque, Judge.
Sam Bailey was convicted of larceny, and appeals. Affirmed.
On hearing all the evidence, the court, at the request of the solicitor, gave the general affirmative charge in behalf of the state, to the giving of which defendant duly excepted.
W. H. Standifur, for appellant.
Wm. L. Martin, Atty. Gen., for the State.
STONE, C.J.
The defendant was indicted for larceny from a storehouse, under section 3789 of the Code of 1886. The indictment pursues the form No. 51, example 3, of that [13 So. 567.] Code, and is in the following language: "The grand jury charges that before the finding of this indictment Sam Bailey, whose true Christian name is to the grand jury unknown otherwise than as stated, feloniously took and carried away from a storehouse one shirt, of the value of seventy-five cents, the personal property of Max Long, against the peace," etc. The testimony tends to prove and does prove that the defendant feloniously stole the property described "in" a storehouse; but before he escaped from the house he was detected, the goods taken from him, and he was arrested. The only question presented by this record is whether the proof corresponds with the allegations of the indictment, and justifies a conviction. This statutory crime is found in the Code of 1852, (section 3170.) Its language, as then expressed, was that "any person who commits the crime of larceny in any *** storehouse *** on conviction must be imprisoned in the penitentiary," etc. That statutory description of the offense was retained in the Code of 1867, (section 3707,) and in the Code of 1876, (section 4359,) without change, except as to the manner of punishment. In each of the Codes a form of indictment for this offense was furnished, which had never been changed. See Code of 1852, form 45; Code of 1867, form 42; Code of 1876, form 39. This offense was made grand larceny by statute. During all these years the indictments framed for this offense have pursued the language of said form, and charged the larceny to have been committed from the storehouse, etc. Many convictions have been had under indictments thus framed, and have received the sanction of this court. In the Criminal Code of 1886 (section 3789) the language of the statute was changed. It was there enacted that "any person, who steals *** any personal property of any...
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Powell v. State, 8 Div. 322.
...Lang v. State, 97 Ala. 41, 12 So. 183; Reeves v. State, 95 Ala. 31, 11 So. 158; Huffman v. State, 89 Ala. 33, 8 So. 28; Bailey v. State, 99 Ala. 143, 13 So. 566; Coleman v. State, 150 Ala. 64, 43 So. 715; Jinright v. State, 220 Ala. 268, 125 So. 606; Doss v. State, supra; Malloy v. State, 2......
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Gayden v. State, 3 Div. 722
...of appellant. Noles v. State, 24 Ala. 672; Mayo v. State, 30 Ala. 32; Cochran v. State, 30 Ala. 546; Bailey v. Stat, 99 Ala. 145 [13 So. 566]; Jones v. State, 136 Ala. 122, 123, 34 So. 236; Guarreno v. State, [148 Ala. 637] 42 So. 'Nor was it necessary to allege the name of the person to wh......
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Doss v. State, 6 Div. 412.
...97 Ala. 41, 12 So. 183; Reeves v. State, 95 Ala. 31, 11 So. 158; Huffman v. State, 89 Ala. 33, 8 So. 28; Bailey v. State, 99 Ala. 145, 13 So. 566; Coleman v. State, 150 Ala. 64, 43 So. 715. The case of Bryan v. State, 45 Ala. 86, cited by the appellant, and followed by the Court of Appeals,......
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McDaniel v. State, 6 Div. 459
...indictment is sufficient, such legislative direction is controlling, and an indictment pursuing such form is sufficient. Bailey v. State, 99 Ala. 143, 13 So. 566; Smith v. State, 63 Ala. 55; Wilson v. State, 61 Ala. 151. Indictments in the form prescribed by the Code are sufficient. 1 Mayf.......
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Powell v. State, 8 Div. 322.
...Lang v. State, 97 Ala. 41, 12 So. 183; Reeves v. State, 95 Ala. 31, 11 So. 158; Huffman v. State, 89 Ala. 33, 8 So. 28; Bailey v. State, 99 Ala. 143, 13 So. 566; Coleman v. State, 150 Ala. 64, 43 So. 715; Jinright v. State, 220 Ala. 268, 125 So. 606; Doss v. State, supra; Malloy v. State, 2......
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Gayden v. State, 3 Div. 722
...of appellant. Noles v. State, 24 Ala. 672; Mayo v. State, 30 Ala. 32; Cochran v. State, 30 Ala. 546; Bailey v. Stat, 99 Ala. 145 [13 So. 566]; Jones v. State, 136 Ala. 122, 123, 34 So. 236; Guarreno v. State, [148 Ala. 637] 42 So. 'Nor was it necessary to allege the name of the person to wh......
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Doss v. State, 6 Div. 412.
...97 Ala. 41, 12 So. 183; Reeves v. State, 95 Ala. 31, 11 So. 158; Huffman v. State, 89 Ala. 33, 8 So. 28; Bailey v. State, 99 Ala. 145, 13 So. 566; Coleman v. State, 150 Ala. 64, 43 So. 715. The case of Bryan v. State, 45 Ala. 86, cited by the appellant, and followed by the Court of Appeals,......
-
McDaniel v. State, 6 Div. 459
...indictment is sufficient, such legislative direction is controlling, and an indictment pursuing such form is sufficient. Bailey v. State, 99 Ala. 143, 13 So. 566; Smith v. State, 63 Ala. 55; Wilson v. State, 61 Ala. 151. Indictments in the form prescribed by the Code are sufficient. 1 Mayf.......