Talbert v. State
Supreme Court of Alabama
Appeal from the City Court of Washington. Tried before the Hon. William S. Anderson. The defendant was tried for larceny. It appeared from the evidence that the property taken, a gun, was taken by the defendant openly in the presence of the owner and others.
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Appeal from the City Court of Washington. Tried before the Hon. William S. Anderson. The defendant was tried for larceny. It appeared from the evidence that the property taken, a gun, was taken by the defendant openly in the presence of the owner and others. The State introduced evidence tending to show that as the defendant was carrying off the gun the owner requested him to return it and he said he would do so if tlie owner would pay him $8.00 which he owed him; that the $8.00 were paid, but the defendant refused to deliver up the gun. The evidence of the defendant tended to prove that he…
1Opinion of the CourtTyson, J.
— -There is a conflict in the decisions of this court upon the question where a defendant is charged with larceny and the evidence discloses that the taking was open and in presence of the owner or other persons and there is no subsequent denial or concealment of the act, as to whether he can as a matter of law be convicted.
*35Tbe earliest case in tbis State is McMullen v. The State, 53 Ala. 531, where the rule was declared to be “if it should appear that the prisoner took the prosecutor’s goods openly, in his presence or the presence of other persons and not by robbery; or having them in…
2Cases cited4 opinions
- McMullen v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
- Green v. StateSupreme Court of Alabama · 1881
- Barnes v. StateSupreme Court of Alabama · 1893
3Cited by28 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- Smith v. StateSupreme Court of Alabama · 1931
- Verberg v. StateSupreme Court of Alabama · 1902
- Dozier v. StateSupreme Court of Alabama · 1900
- Autry v. StateAlabama Court of Appeals · 1949
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