SIMPSON, Judge.
¶1
This appeal is on the record proper, m> bill of exceptions being included in the-transcript. Due organization of the court and proper authentication of the indictment are thereby disclosed and all of the proceedings, including the sentence of defendant (appellant) i in accordance with the jury’s verdict, are regular. The defendant was convicted of buying, receiving, concealing or aiding in concealing stolen property, etc., as charged in Count 2 of the indictment. This count of the indictment correctly charged the offense and was not subject to the demurrers interposed upon the trial.
¶2
The judgment is affirmed.
¶3
Affirmed.
Download
Copy
Embed on your site
iframe Markdown Preview card Button Hover to preview · click to copy the code
Case posture Posture Appeal from Circuit Court, Chilton County; Arthur Glover, Judge.
Durwood Foshee was convicted of buying, receiving or concealing stolen property, and he appeals.
Affirmed.
Count 2 of the indictment is as follows: "The grand jury of said county further charge that before the finding of this indictment, Durwood Foshee did buy, receive, conceal, or aid in concealing, four suits of clothes of the value of $16.00 each, of the aggregate value of $64.00, two pairs of shoes of the value of $4.00 a pair, of the aggregate value of $8.00, three zipper jackets of the value of $3.50 each, of the aggregate value of $10.50, one corduroy suit of the value of $5.50, of the total value of $88.00, the personal property of Will Kemp, knowing that it was stolen, or having reasonable grounds for believing that they had been stolen, and not having the intent to restore them to the owner, against the peace and dignity of the State of Alabama."
The demurrer to the indictment was upon the following grounds:
"1. For that same fails to state or charge a violation of any law of the State of Alabama.
"2. For that same is vague, uncertain and indefinite.
"3. For that the articles charged to be 'a suit' is vague, uncertain and indefinite.
"4. For that the property sought to be described in said indictment is not definitely described.
"5. For that the description of the property sought to be described in said indictment is vague, uncertain and indefinite.
"6. For that the property attempted to be described in said indictment is insufficient in law.
"7. For that the word 'suit' used in same does not describe any particular property.
"8. For that the averments in said indictment and each count thereof are naught but the mere conclusion of the pleader." Source: CourtListener