Ham v. State

Decided January 15, 1850

Supreme Court of Alabama · decided 1850-01-15

Tried before the Hon. John D. Phelan. Títk indictment in this case alleges that Henry Ha,m, the plaintiff in error, on the first day of January Í347, “a slave Fuller, of the value of seven hundred dollars, of the goods and chattels of one Mordecai Delashmert, then and there being found, then and there feloniously did steal, take and carry away,” &c. The evidence tended to show that the slave was stolen by Ham and another in the State of Mississippi, and brought by them to…

Cited by 6 later decisions — most recently June 1866

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1850-01-15

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CHILTON, J.

¶1The decision of this court in Williams v. The State, found reported in 15 Ala. Rep. 259-263, is an authority directly in point to show that the judgment of conviction in this case cannot be supported. It is there said'that the indictment should substantially and with particularity allege the existence of such a state of facts as constitutes the offence denounced by the statute, and that although the proof of these facts might constitute a larceny at the common law, it is not sufficient for the indictment to charge the offence in the general terms sanctioned by precedent.

¶2Let the cause be reversed and remanded, and the prisoner be retained in custody to await a further trial, or until otherwise discharged by due course of law.