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60 Ala. 72

Horton v. State

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

From the Circuit Court of Madison. Tried before the Hon. Louis Wyeth.

Cited by 1 later decisions — most recently June 1915

1 state decisions

Relies on Horton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1877-12-15

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BRICKELL, C. J.

¶1The indictment is insufficient in each count. In the first count, the building burned, or to which fire was set, is described as a barn or stable; in the second, as a barn, house, or building; in the third, as a barn or stable. We have no statute which authorizes such disjunctive averments, and it is plain the common law does not tolerate them. — Norton v. State, 53 Ala. 488.

¶2The judgment must be reversed, and the cause remanded ; but the prisoner will remain in custody, until discharged by due course of law.

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