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Cheshire v. State

62 So. 994, 8 Ala. App. 253, 1913 Ala. App. LEXIS 161
CourtAlabama Court of Appeals
DecidedJune 17, 1913
StatusPublished
Cited by7 cases

This text of 62 So. 994 (Cheshire v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cheshire v. State, 62 So. 994, 8 Ala. App. 253, 1913 Ala. App. LEXIS 161 (Ala. Ct. App. 1913).

Opinion

PELHAM, J.

— The defendant is indicted for obtaining an insurance policy by falsely pretending to own certain property. This is the only false pretense alleged, and it is not shown whose signature was thus obtained. This defect in the indictment was pointed out by demurrers that should have been sustained.

Moreover, the indictment, as set out in the record before us, does not state the facts constituting the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know with any degree of certainty what is intended to be charged. — Code, § 7134. In fact, it is not (as set out in the record) an intelligible statement of any offense.

Reversed and remanded.

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Related

Earnest v. State
113 So. 2d 517 (Alabama Court of Appeals, 1959)
Gayden v. State
80 So. 2d 501 (Supreme Court of Alabama, 1955)
Johnson v. State
76 So. 2d 351 (Alabama Court of Appeals, 1954)
Gayden v. State
80 So. 2d 495 (Alabama Court of Appeals, 1954)
Ogden v. State
68 So. 701 (Alabama Court of Appeals, 1915)
Clark v. State
62 So. 987 (Alabama Court of Appeals, 1913)

Cite This Page — Counsel Stack

Bluebook (online)
62 So. 994, 8 Ala. App. 253, 1913 Ala. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheshire-v-state-alactapp-1913.