Tallent v. State

142 Ala. 47

Opinion

SIMPSON, J.

The indictment in this case, is in the form prescribed, Criminal Code, p. 335, and the demurrer to the same was properly overruled.

The court erred in refusing to give the general charge in favor of the defendant, ^s there was no evidence that the defendant either removed or sold the gun in question. — Code of Ala. § 4757.

The judgment of the court is reversed and the cause remanded.

McClellan, C.J., Tyson and Anderson, J.J., concurring.