Dunn v. State
| Decision Date | 08 November 1938 |
| Docket Number | 4 Div. 462. |
| Citation | 28 Ala.App. 396,187 So. 641 |
| Parties | DUNN v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Dec. 20, 1938.
Appeal from Circuit Court, Covington County; Robt. S. Reid, Judge.
J. T Dunn was convicted of grand larceny, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Dunn v. State, 4 Div. 68 187 So. 643.
Ralph A. Clark, of Andalusia, for appellant.
A. A. Carmichael, Atty. Gen., and John J Haynes, Asst. Atty. Gen., for the State.
The defendant together with three others was indicted by the Grand Jury of Covington County under an indictment containing three counts.
The first count charged grand larceny of certain property from the store house of H. H. Bowman. The second count charged that the defendants did buy, receive, etc., the property described in the first count and same being the personal property of H. H. Bowman. The third count charged burglary of a dwelling house, shop, etc., being the building of H. W. Bowman.
The first count and the second count of the indictment did not end with the words "Against the peace and dignity of the State of Alabama," but the third count of the indictment did so end.
Where an indictment contains more than one count, the omission of the words "Against the peace and dignity of the State of Alabama" from one or more counts does not render such counts demurrable where the indictment concludes with the required words; and where such is the case an indictment in either count will support a judgment of conviction. An indictment which sets out several counts and at the end of the last count concludes with the words "Against the peace and dignity of the State of Alabama" meets the requirements of Section 4526 of the Code of 1923. Norman v. State, 13 Ala.App. 337, 69 So. 362; Abrahams v. State, 18 Ala. App. 252, 89 So. 853; Jennings v. State, 17 Ala.App. 640, 88 So. 187.
It is urged in brief by appellant's counsel that the third count of the indictment having been eliminated by the giving of the affirmative charge as to that count, renders the indictment faulty and takes away the allegation that the crime was committed "Against the peace and dignity of the State of Alabama."
Whatever pith there may be in such a contention it is rendered innocuous in this case, for the reason that the record fails to show any request for the affirmative charge as to Count 3, and the judgment entry fails to indicate that the third count of the indictment was eliminated. The indictment therefore meets every requirement of the Constitution and of the Statute above cited and is sufficient.
Refused charges 1 and 2 were requests for affirmative instructions as to counts 1 and 2. The evidence for the State tended to prove the guilt of the defendant. The facts proven,...
To continue reading
Request your trial
-
Alabama Power Co. v. City of Fort Payne
... ... offered evidence showing that it owned and operated an ... integrated public utility system extending throughout the ... State of Alabama, serving some six hundred municipalities and ... communities in the State of Alabama, including the City of ... Fort Payne; that its ... ...
-
Hubbard v. State
...So.2d 754; Hodge v. State, 32 Ala.App. 283, 26 So.2d 274; English v. State, 14 Ala.App. 636, 72 So. 292. In the case of Dunn v. State, 28 Ala.App. 396, 187 So. 641, 642, this court reviewed facts somewhat analogous to those in the case at bar. In response we observed: 'The larceny charged w......
-
Early v. State
...to others shortly after the commission of the crime and the statements made in his presence are corroborative evidence. Dunn v. State, 28 Ala.App. 396, 187 So. 641, cert. denied, 237 Ala. 474, 187 So. 643 (1939); Davis v. State, 257 Ala. 447, 59 So.2d 592 (1952). Mr. Dunn's testimony alone ......
-
Jones v. State
...So.2d 754; Hodge v. State, 32 Ala.App. 283, 26 So.2d 274; English v. State, 14 Ala.App. 636, 72 So. 292. In the case of Dunn v. State, 28 Ala.App. 396, 187 So. 641, 642, this court reviewed facts somewhat analogous to those in the case at bar. In response we observed: 'The larceny charged w......