State v. Huey
Cases that cite this one
16 later published cases cite this decision.
- State v. Hataway (La. 1923)
- State v. Desselles (La. 1922)
- Greil Bros. v. City of Montgomery (Ala. 1913)
- State v. Perry (La. 1906)
- State Revenue Commission v. Edgar Bros. (Ga. 1937)
- State Revenue Commission v. Edgar Bros. (Ga. Ct. App. 1937)
- People's Auto Co. v. State (Ala. 1929)
- Barefield v. State (Ala. Ct. App. 1918)
- Gunter v. Townsend (Ala. 1918)
- Western Union Telegraph Co. v. City of Decatur (Ala. Ct. App. 1918)
- Dunning v. Town of Thomasville (Ala. Ct. App. 1917)
- City of Birmingham v. Baranco (Ala. Ct. App. 1912)
- State v. Parker (Ala. Ct. App. 1912)
- Mayor of Birmingham v. Goldstein (Ala. 1907)
- Norfolk & Western Railway Co. v. Town of Suffolk (Va. 1905)
- Ogden City v. Crossman (Utah 1898)
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
The defendant was indicted for burglary and larceny. He was convicted, and moved in arrest of judgment that two different and distinct crimes, belonging to different generic classes, can not be charged in one indictment.
There are two counts in the indictment, the first charging burglary with intent to steal, and the second charging larceny.
It is well settled that a defendant may be charged in the same indictment, if in separate counts, with burglary and larceny, when they both spring from the same act. State vs. Depass, 31 An. 487; State vs. King, 37 An. 662; State vs. Morgan, 39 An. 214; State vs. Nicholls, 37 An. 779.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.