Houston v. State

Supreme Court of Alabama

Houston v. State

45 So. 228, 153 Ala. 61, 1907 Ala. LEXIS 203

DecidedDecember 19, 1907

StatusPublished

This text of 45 So. 228 (Houston 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.

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Houston v. State, 45 So. 228, 153 Ala. 61, 1907 Ala. LEXIS 203 (Ala. 1907).

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Opinion

ANDERSON, J.

The affidavit was sufficient. — Section 4729 of the Code of 1896. The description of the thing obtained as “two dollars” was sufficient. Form 48, Code of 1896. Nor was it necessary for the affidavit to aver whether the Ivy Leaf Company was a firm or corporation, as it was not the party averred to have [63]*63been injured. — Headley v. State, 106 Ala. 109, 17 South. 714.

The judgment of the criminal court is affirmed.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.

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ANDERSON, J.

The affidavit was sufficient. — Section 4729 of the Code of 1896. The description of the thing obtained as “two dollars” was sufficient. Form 48, Code of 1896. Nor was it necessary for the affidavit to aver whether the Ivy Leaf Company was a firm or corporation, as it was not the party averred to have [63]*63been injured. — Headley v. State, 106 Ala. 109, 17 South. 714.

The judgment of the criminal court is affirmed.

Tyson, C. J., and Dowdell and McClellan, JJ., concur.

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Bluebook (online)

45 So. 228, 153 Ala. 61, 1907 Ala. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-state-ala-1907.

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