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29 Ala. App. 123

192 So 594

Barnett v. State

Alabama Court of Appeals

Decided December 19, 1939

Alabama Court of Appeals · decided 1939-12-19

Cited by 8 later decisions — most recently August 1969

8 state decisions

Relies on Mayo v. State · 19 Ala. App. 600 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1939-12-19

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SAMFORD, Judge.

¶1 The indictment was in two counts. Count 1 charges embezzlement of an automobile, and the second count charges larceny of the same automobile. The defendant interposed demurrer to the indictment, which demurrer was overruled.

¶2 The theory of a joinder of different counts alleging distinct offenses is *124 that the pleadings may be so formed as to meet any phase of the evidence regarding the crime.- It is permissible to join a count in embezzlement with one charging larceny of the same property. Jones v. State, 19 Ala.App. 600, 99 So. 770; Mayo v. State, 30 Ala. 32.

¶3 There is no bill of exceptions, and we find no error in the record.

¶4 The judgment is affirmed.

¶5 Affirmed.

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