Barnett v. State

192 So. 594, 29 Ala. App. 123, 1939 Ala. App. LEXIS 64

Opinion

SAMFORD, Judge.

The indictment was in two counts. Count 1 charges embezzlement of an automobile, and the second count charges larceny of the same automobile. The defendant interposed demurrer to the indictment, which demurrer was overruled.

The theory of a joinder of different counts alleging distinct offenses is that the pleadings may be so formed as to meet any phase of the evidence regarding the crime.- It is permissible to join a count in embezzlement with one charging larceny of the same property. Jones v. State, 19 Ala.App. 600, 99 So. 770; Mayo v. State, 30 Ala. 32.

There is no bill of exceptions, and we find no error in the record.

The judgment is affirmed.

Affirmed.