Horton v. State

60 Ala. 72

Opinion

BRICKELL, C. J.

The indictment is insufficient in each count. In the first count, the building burned, or to which fire was set, is described as a barn or stable; in the second, as a barn, house, or building; in the third, as a barn or stable. We have no statute which authorizes such disjunctive averments, and it is plain the common law does not tolerate them. — Norton v. State, 53 Ala. 488.

The judgment must be reversed, and the cause remanded ; but the prisoner will remain in custody, until discharged by due course of law.