McDaniel v. State

Alabama Court of Appeals

McDaniel v. State

7 So. 2d 583, 30 Ala. App. 447, 1942 Ala. App. LEXIS 77

CourtAlabama Court of Appeals

DecidedMarch 17, 1942

Docket5 Div. 139.

StatusPublished

Cited by2 cases

This text of 7 So. 2d 583 (McDaniel 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

McDaniel v. State, 7 So. 2d 583, 30 Ala. App. 447, 1942 Ala. App. LEXIS 77 (Ala. Ct. App. 1942).

Pincite

Opinion

RICE, Judge.

Appellant was tried under an indictment charging him with the offense of burglary and grand larceny. He was convicted, generally, and sentenced to serve imprisonment in the penitentiary for the term of seven years.

There is no bill of exceptions. It is the law of this State that “a count charging the burglary of a storehouse [as here] can be joined in the same indictment with a count charging the larceny from a storehouse; and when an indictment contains these two counts [as here], the State will not be required to elect on which count it will proceed.” Rose v. State, 117 Ala. 77, 23 So. 638.

The demurrers to the various counts in the indictment were properly overruled. Norman v. State, 13 Ala.App. 337, 69 So. 362; Rose v. State, supra.

No error appears upon the record proper; and it follows that the judgment and sentence pronounced against the defendant by the Circuit Court of Chilton County must be affirmed. And it is accordingly so ordered.

Affirmed.

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