120 Ala. 342 | Ala. | 1898
The averment of the taking of the treasury note, is followed by another averment in a separate clause, the two connected by the conjunction “and,” as follows, “and thirteen dollars in the silver coin of the United States, a further description of which is to'the grand jury unknown;” the whole averment as to each species of property being, that defendant “feloniously took, one two dollar United States Treasury note and thirteen dollars in the silver coin of the United States, a further description,” etc. This latter averment, as to the silver coin, in the first place, is uncertain as to the denominations of the coin stolen, whether they were in whole or in part in one dollar, half dollar, quarter, ten or five cent pieces. If they had been in either or in mixed silver coins, they would have answered the description. This description was, therefore, without more, not sufficient, and it becomes necessary, as to these, to add the averment, found in the indictment, as to their being unknown. That this averment, which we have quoted and
There was no error in allowing the two dollar bill, identified as the one taken, to go to the jury, on the ground urged against its admission, that there was a variance in the bill from the property described in the indictment.
The charges asked and refused will, without special comment on each, appear to have been properly refused.
We discover no error in the record, and the judgment and sentence of the court below are affirmed.
Affirmed.