NEELY v. STATE

6 Div. 70.

48 So.2d 564 (1950)

NEELY v. STATE.

Supreme Court of Alabama.

Rehearing Denied November 24, 1950.


Attorney(s) appearing for the Case

Geo. Rogers, of Birmingham, for petitioner.

A. A. Carmichael, Atty. Gen., and Wm. N. McQueen, Asst. Atty. Gen., opposed.


LAWSON, Justice.

Only two questions were considered in the opinion of the Court of Appeals. In effect, that court held: (1) that the defendant was not entitled to the affirmative charge on the ground that the evidence was insufficient to show that the stove alleged to have been stolen was personal property; (2) that although the jury did not assess the value of the stove, the general verdict, "We the jury find the defendant guilty," is referable to the indictment...

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