Anderson v. State

Supreme Court of Alabama

Anderson v. State

130 Ala. 126

CourtSupreme Court of Alabama

DecidedNovember 15, 1900

StatusPublished

Cited by6 cases

This text of 130 Ala. 126 (Anderson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. State, 130 Ala. 126 (Ala. 1900).

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Opinion

SHARPE, J.

In omitting averments to effect that defendant knew the property described in the indictment [127]*127was stolen and bad not the intent to restore it to the owner, the indictment in this case fails to charge the offense made punishable by section 5054 of the Code, or any other offense. The criminal court cannot acquire jurisdiction or render a legal judgment of conviction except upon a charge preferred, of conduct which by law is made criminal.—Smith v. State, 68 Ala. 55; Miles v. State, 94 Ala. 106.

The judgment will be reversed and the cause remanded.

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SHARPE, J.

In omitting averments to effect that defendant knew the property described in the indictment [127]*127was stolen and bad not the intent to restore it to the owner, the indictment in this case fails to charge the offense made punishable by section 5054 of the Code, or any other offense. The criminal court cannot acquire jurisdiction or render a legal judgment of conviction except upon a charge preferred, of conduct which by law is made criminal.—Smith v. State, 68 Ala. 55; Miles v. State, 94 Ala. 106.

The judgment will be reversed and the cause remanded.

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Bluebook (online)

130 Ala. 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-ala-1900.

Opinion

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