Supreme Court of Alabama, 1930

Lindsey v. State

Supreme Court of Alabama · Decided May 1, 1930 · Sayre

128 So. 210; 221 Ala. 175; 1930 Ala. LEXIS 208 (Southern Reporter)

Counsel

K. V. Fite, of Hamilton, for petitioner. The indictment form used is not sufficient to embrace every element of the offense charged in the statute; it does not embrace the element, "or having reasonable grounds for believing it has been stolen." Vacalis v. State, 204 Ala. 345 , 86 So. 92 ; Brown v. State, 20 Ala. App. 39 , 100 So. 616 , 617 . Charlie C. McCall, Atty. Gen., for the State. Brief did not reach the Reporter.

Opinion of the Court

SAYRE, J.

Noting that form 90 (Code, § 4556, Form 90)-passed into the Code of 1923 at the same time with section 4912, into which the amended statute has been incorporated, and that the use of the form to include a charge of buying, receiving, or concealing stolen property, “having reasonable grounds for believing that it has been stolen,” does not violate section 6 of the Constitution of 1901, which entitles the accused to be informed of the nature and cause of the accusation against him, and to have a copy thereof, the use of the form to include a charge of buying, etc., property “having reasonable grounds for believing it has been stolen,” is approved in principle in, the following cases: Smith v. State, 63 Ala. 55; Darrington v. State, 162 Ala. 60, 50 So. 396; Johnson v. State, 172 Ala. 431, 55 So. 226, Ann. Cas. 1913E, 296. Other eases to the same effect will be found cited in these cases.

Writ denied.

All the Justices concur.

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