Hunter v. State

Supreme Court of Alabama

Hunter v. State

113 Ala. 669

DecidedNovember 15, 1896

StatusPublished

This text of 113 Ala. 669 (Hunter 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

Hunter v. State, 113 Ala. 669 (Ala. 1896).

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Opinion

The appellant was indicted, tried and convicted for burglary. There was motion in arrest of judgment, but it was based upon matters not of record. There was also a supposed variance between the averments of ownership of the house alleged to have been burglarized and the evidence on that subject; but this variance was not taken advantage of by objection to the testimony or by request for instruction to the jury.

On the present appeal the court holds that the motion in arrest of judgment was properly overruled, and that the supposed variance must be considered as waived.— Judgment affirmed.

Opinion by

Coleman, J.

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The appellant was indicted, tried and convicted for burglary. There was motion in arrest of judgment, but it was based upon matters not of record. There was also a supposed variance between the averments of ownership of the house alleged to have been burglarized and the evidence on that subject; but this variance was not taken advantage of by objection to the testimony or by request for instruction to the jury.

On the present appeal the court holds that the motion in arrest of judgment was properly overruled, and that the supposed variance must be considered as waived.— Judgment affirmed.

Opinion by

Coleman, J.

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Bluebook (online)

113 Ala. 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-state-ala-1896.