Royals v. State

• Decision Date: 22 February 1944
• Docket Number: 4 Div. 813.
• Citation: 18 So.2d 417,31 Ala.App. 367
• Parties: ROYALS v. STATE.
• Court: Alabama Court of Appeals

18 So.2d 417

31 Ala.App. 367

ROYALS v. STATE.

4 Div. 813.

Alabama Court of Appeals

February 22, 1944

Rehearing Denied April 11, 1944.

Appeal from Circuit Court, Geneva County; Robt. S. Reid Judge.

Certiorari denied by Supreme Court in Royals v. State, 4 Div. 337, 18 So.2d 418.

The original affidavit, made before a Justice of the Peace of Geneva County, Alabama, charges that defendant "did fraudulently bring into the State of Alabama, one hog of the value of twenty dollars, which he knew to have been stolen in the State of Florida, in said county, against the peace and dignity of the State of Alabama."

The complaint filed in the Circuit Court is as follows:

"1. That within twelve months prior to the execution and issuance of the affidavit and warrant in this case Tom Jake Royals fraudulently brought into this State and County one hog of the value of $20.00, which he knew was stolen in the State of Florida.

"2. That within twelve months prior to the execution and issuance of the affidavit and warrant in this case Tom Jake Royals fraudulently brought into this State and county one hog of the value of $20.00, the personal property of Otis Ganey, alias D O. Ganey, which he knew was stolen in the State of Florida.

"3. That within twelve months prior to the execution and issuance of the affidavit and warrant in this case Tom Jake Royals feloniously took and carried away in the State of Florida, one hog of the value of $20.00, the personal property of Otis Ganey, alias D. O. Ganey, and brought said hog into the County of Geneva in this State, against the peace and dignity of the State of Alabama."

Demurrer to the affidavit and to the first count of the complaint was upon the grounds (1) that it states no cause of action; (2) that it fails to charge larceny under the laws of Alabama (3) that the name of the injured party is not set out; and (4) the property alleged to have been stolen is not sufficiently described.

Mulkey & Mulkey, of Geneva, for appellant.

Wm. N. McQueen, Acting Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., for the State.

RICE Judge.

Prosecution was begun in the Inferior Court of Geneva County by an affidavit and warrant of arrest. The affidavit followed the language of Code 1940, Tit. 14, Sec. 337, viz.: "Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere, shall, on conviction, be punished as if he had...