McCullers v. State

Alabama Court of Appeals

McCullers v. State

109 So. 895, 21 Ala. App. 546, 1926 Ala. App. LEXIS 290

CourtAlabama Court of Appeals

DecidedOctober 26, 1926

Docket7 Div. 190.

StatusPublished

Cited by1 cases

This text of 109 So. 895 (McCullers 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

McCullers v. State, 109 So. 895, 21 Ala. App. 546, 1926 Ala. App. LEXIS 290 (Ala. Ct. App. 1926).

Pincite

Opinion

RICE, J.

Appellant was put to trial under an indictment consisting of two counts. The first count charged a violation of section 4925 of the Code of 1923 as for selling or removing personal property, etc., upon which another had- a lien, etc.

The second count charged embezzlement of the same property. The court charged out the second count. The jury returned a verdict of conviction under the first count. Whereupon there was an adjudication by the court of guilt as charged in the second count. In this there was reversible error. Meadows v. State, ante, p. 72, 105 So. 428; Collins v. State, ante, p. 192, 106 So. 624.

As the case must be reversed for the error indicated, and as all other questions presented involve only familiar principles of law, many times considered by this and the Supreme Court, a ruling upon them here will be pretermitted.

Reversed and remanded.

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