Horton v. State

Supreme Court of Alabama

Horton v. State

60 Ala. 72

CourtSupreme Court of Alabama

DecidedDecember 15, 1877

StatusPublished

Cited by1 cases

This text of 60 Ala. 72 (Horton 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

Horton v. State, 60 Ala. 72 (Ala. 1877).

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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.

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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.

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Bluebook (online)

60 Ala. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-state-ala-1877.

Opinion

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