Lindsey v. State, 6 Div. 606.
| Decision Date | 01 May 1930 |
| Docket Number | 6 Div. 606. |
| Citation | 128 So. 210,221 Ala. 175 |
| Parties | LINDSEY v. STATE. |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
William Lindsey was convicted of buying, receiving, or concealing stolen property, etc., and appealed to the Court of Appeals. The judgment of conviction being there affirmed (128 So. 209), defendant applies for certiorari to review said judgment and decision of the Court of Appeals.
K. V. Fite, of Hamilton, for petitioner.
Charlie C. McCall, Atty. Gen., for the State.
Noting that form 90 (Code, § 4556, Form 90) passed into the Code of 1923 at the same time with section 4912, into which the amended statute has been incorporated, and that the use of the form to include a charge of buying, receiving, or concealing stolen property, "having reasonable grounds for believing that it has been stolen," does not violate section 6 of the Constitution of 1901, which entitles the accused to be informed of the nature and cause of the accusation against him, and to have a copy thereof, the use of the form to include a charge of buying, etc., property "having reasonable grounds for believing it has been stolen," is approved in principle in the following case: Smith v. State, 63 Ala. 55; Darrington v. State, 162 Ala. 60, 50 So. 396; Johnson v. State, 172 Ala. 431, 55 So. 226, Ann. Cas. 1913E, 296. Other cases to the same effect will be found cited in these cases.
Writ denied.
All the Justices concur.
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State v. Mounts, 8770.
...163 So. 393, certiorari denied 231 Ala. 60, 163 So. 394; Lindsey v. State, 23 Ala.App. 411, 128 So. 209, cer-[200 S.E. 55]tiorari denied 221 Ala. 175, 128 So. 210; 17 R.C.L. 87, sec. 93. The element of knowledge, or reason to believe, that the property bought or received was stolen cannot r......
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State v. Mounts
...387, 163 So. 393, certiorari denied 231 Ala. 60, 163 So. 394; Lindsey v. State, 23 Ala.App. 411, 128 So. 209, certiorari denied 221 Ala. 175, 128 So. 210; 17 R.C.L. 87, sec. The element of knowledge, or reason to believe, that the property bought or received was stolen cannot rest on mere s......
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Tanner v. State
...of 'reasonable grounds for believing' that the goods were stolen. Lindsey v. State, 23 Ala.App. 411, 128 So. 209, certiorari denied 221 Ala. 175, 128 So. 210; Farzley v. State, 231 Ala. 60, 163 So. Moreover, charges 45, 50 and 53 are not hypothesized on belief from the evidence. Authorities......