Maull v. State , 37 Ala. 160 ( 1861 )

A. J. WALKER, C. J.

The offenses charged tp have been committed by the defendants, do not appear from the indictment to have been perpetrated by any joint act; but, for aught disclosed, may have been altogether distinct, neither defendant participating in the criminal act of the other. For this reason, tbe indictment was demurrable for duplicity. — Shaw v. State, 18 Ala. 547.

The judgment of the court below is reversed, and the cause remanded.