142 Ala. 47
Decided November 15, 1904
Supreme Court of Alabama · decided 1904-11-15
Tried before the Hon. J. A. Bilbro. 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, I. N. Tallent, whose Christian name is otherwise unknown to the grand jury, with the purpose to hinder, delay or defraud G. K. Appleton, who had a lawful and valid claim thereto under a written instrument, to-wit, a mortgage, did sell or remove personal property, to-wit, a shot…
Decided 1904-11-15
¶1The indictment in this case, is in the form prescribed, Criminal Code, p. 335, and the demurrer to the same was properly overruled.
¶2The 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.
¶3The judgment of the court is reversed and the cause remanded.