Alabama Court of Appeals, 1939

Barnett v. State

Barnett v. State
Alabama Court of Appeals · Decided December 19, 1939 · Samford
192 So. 594; 29 Ala. App. 123; 1939 Ala. App. LEXIS 64 (Southern Reporter)

Barnett v. State

Opinion of the Court

SAMFORD, Judge.

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.

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.

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

The judgment is affirmed.

Affirmed.

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