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154 Ala. 12

Clemm v. State

Supreme Court of Alabama

Decided December 19, 1907

Supreme Court of Alabama · decided 1907-12-19

Heard before Hon. Dan A. Greene. Rufus Clemm was convicted of larceny, and lie appeals.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1907-12-19

How this case has been cited

Cited by 10 later decisions — most recently July 1958

3 federal appellate · 4 state decisions

50190719101920193019401950decided

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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TYSON, C. J.

¶1-The rule is well established that, when articles of property belonging to different owners are stolen at the same time and place, the offense is sin*14gle and must be charged in the same count. — State v. Dalton (Miss.) 44 South. 802, and authorities there cited] 22 Cyc. 383 and note. But to come within this rule the averments of the count should affirmatively. show that the property of the different owners was stolen at the same time and place. Good pleading requires this, in order to exclude the intendment, which must be indulged on demurrer, to avoid the objection so taken, that two distinct larcenies were committed. The .averment of the indictment in this case was faulty in that respect, and the demurrer to it should have been sustained.

¶2Reversed and remanded.

Haralson, Simpson, and Denson, JJ., concur.
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