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133 Ala. 99

Nevill v. State

Supreme Court of Alabama

Decided November 15, 1901

Supreme Court of Alabama · decided 1901-11-15

Tried before the Hon. O. Kyle. The appellant, Tom Nevill, was jointly indicted with Austin Griffin for robbery, was convicted and sentenced to the penitentiary for ten years. The indictment contained three counts. The first count of the indictment was as follows: “1.

Relies on Rogers v. State · Amos v. State · Butler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-15

How this case has been cited

Cited by 9 later decisions — most recently May 1985

9 state decisions

70190119101920193019401950196019701980decided

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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SITARPE, J.

¶1Sufficient particularity of description was observed in the indictment in respect of the property averred to have been taken. As to the money see Browning v. State, 87 Ala. 80. As to ¡the other property see Churchwell v. State, 117 Ala. 124.

¶2No case for -compelling the State to an election as between the several counts of the indictment. — Carlton v. State, 100 Ala. 130; Butler v. State, 91 Ala. 87.

¶3*105As a circumstance tending to corroborate the State’s witness Widner, wherein he testified that Griffin used a pistol while helping defendant to rob him, evidence that Griffin had a ■pistol Avhen seen wijth defendant an hour or two before that occurrence was admissible.

¶4Charges like the one here refused to defendant were condemned as argumentative in Rogers v. State, 117 Ala. 9, and Amos v. State, 123 Ala. 50. Because this charge was faulty in that respect there was no error in iits refusal. In Amos’ case, supra, opinions favoring such charges were expressly repudiated.

¶5The explanation by the court of the first charge given for defendant apparently had reference to the required unanimity of the jury in finding a verdict. Reversible error is not found in that explanation or in the court’s explanation of the second given charge.

¶6While a lack of unanimity would have made a conviction improper, it did not necessarily require an acquittal. A mistrial might have been proper. The charge given for the State asserts no more in effect.

¶7Affirmed.

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