Anderson v. State

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Tried before the Hon. Samuel E. Greene. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment, James M. Anderson did buy, receive, conceal or aid in the concealment of nine bronze or brass furnace coolers, of the value of eighty dollars each, and eight bronze or brass tuyers, of the value of twenty dollars each, the personal property of the Birmingham Furnace and…

Relies on Miles v. State · New Orleans & Selma Railroad v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 6 later decisions — most recently January 1955

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SHARPE, J.

¶1In omitting averments to effect that defendant knew the property described in the indictment *127was stolen and bad not the intent to restore it to the owner, the indictment in this case fails to charge the offense made punishable by section 5054 of the Code, or any other offense. The criminal court cannot acquire jurisdiction or render a legal judgment of conviction except upon a charge preferred, of conduct which by law is made criminal.—Smith v. State, 68 Ala. 55; Miles v. State, 94 Ala. 106.

¶2The judgment will be reversed and the cause remanded.