Smoke v. State

Supreme Court of Alabama

Smoke v. State

87 Ala. 143

CourtSupreme Court of Alabama

DecidedDecember 15, 1888

StatusPublished

Cited by2 cases

This text of 87 Ala. 143 (Smoke 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

Smoke v. State, 87 Ala. 143 (Ala. 1888).

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Opinion

SOMERVILLE, J.

Tbe indictment, in our opinion, was bad, in failing to aver with sufficient clearness tbe ownership of tbe “cotton-bouse,” or “cotton-pen,” alleged to have been set fire to, or burned. — Crim. Code, 1888, § 3781. Each of tbe four counts must be construed to aver only tbe ownership of tbe cotton contained in tbe bouse or pen, and not of tbe structure itself which contained tbe cotton.

The demurrer should have been sustained, and it was error to overrule it.

Tbe judgment will be reversed, and tbe usual order made for bolding tbe defendant in custody until legally discharged.

Reversed and remanded.

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SOMERVILLE, J.

Tbe indictment, in our opinion, was bad, in failing to aver with sufficient clearness tbe ownership of tbe “cotton-bouse,” or “cotton-pen,” alleged to have been set fire to, or burned. — Crim. Code, 1888, § 3781. Each of tbe four counts must be construed to aver only tbe ownership of tbe cotton contained in tbe bouse or pen, and not of tbe structure itself which contained tbe cotton.

The demurrer should have been sustained, and it was error to overrule it.

Tbe judgment will be reversed, and tbe usual order made for bolding tbe defendant in custody until legally discharged.

Reversed and remanded.

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Bluebook (online)

87 Ala. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smoke-v-state-ala-1888.

Opinion

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