Supreme Court of Alabama, 1900

Anderson v. State

Supreme Court of Alabama · Decided November 15, 1900 · Sharpe

130 Ala. 126

Cases that cite this one

6 later published cases cite this decision.

Parker v. State (Ala. Ct. App. 1955)
McElroy v. State (Ala. Ct. App. 1932)
Ex parte Rodgers (Ala. Ct. App. 1915)
Mazett v. State (Ala. Ct. App. 1914)
Fulton v. State (Ala. Ct. App. 1913)
Musgrove v. State (Ala. 1903)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SHARPE, J.

In omitting averments to effect that defendant knew the property described in the indictment *127was stolen and bad not the intent to restore it to the owner, the indictment in this case fails to charge the offense made punishable by section 5054 of the Code, or any other offense. The criminal court cannot acquire jurisdiction or render a legal judgment of conviction except upon a charge preferred, of conduct which by law is made criminal.—Smith v. State, 68 Ala. 55; Miles v. State, 94 Ala. 106.

The judgment will be reversed and the cause remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.