Legal Opinion

Driver v. State

Supreme Court of Alabama

Decided June 23, 1921No. 5 Div. 800PublishedCited by 6 opinions

Certiorari to Court of Appeals. Petition of Luther Driver and Enoch Mims for certiorari to the Court of Appeals, to review and revise the judgment of said court rendered on the appeal of Luther Driver and Enoch Mims against the State. The court erred in holding that the taking from a porch of a dwelling house was grand larceny, irrespective of the value. 39 Ala. 680; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 561, 65 South. 333; 70 Ala. 8, 45 Am.

Read the full summary

Certiorari to Court of Appeals. Petition of Luther Driver and Enoch Mims for certiorari to the Court of Appeals, to review and revise the judgment of said court rendered on the appeal of Luther Driver and Enoch Mims against the State. The court erred in holding that the taking from a porch of a dwelling house was grand larceny, irrespective of the value. 39 Ala. 680; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 561, 65 South. 333; 70 Ala. 8, 45 Am. Rep. 67; 6 Ala. 855; 104 Ala. 315, 16 South. 123; 89 Ala. 18, 7 South. 829. Counsel discuss other matters, not necessary to…

1Opinion of the CourtAnderson, C. J.

Section 7324 of the Code of 1907, in defining grand larceny among other things, says, “or from or in any dwelling house.” The form of indictment, No. 64, is, “A. B. feloniously took and carried away from a dwelling house and,” etc. The Court of Appeals finds, and so states, that the cotton was taken, not from within the house, but from the porch or gallery of same. So the question is: Was taking the cotton therefrom grand larceny, irrespective of the value of same, within the contemplation of section 7324 of the Code of 1907?

In the case of Henry v. State, 39 Ala. 679, this court, in…

2Cases cited5 opinions

  1. Wiley v. StateSupreme Court of Alabama · 1892
  2. Henry v. StateSupreme Court of Alabama · 1866
  3. Lynch v. StateSupreme Court of Alabama · 1889
  4. Moore v. StateSupreme Court of Alabama · 1866
  5. Point v. StateSupreme Court of Alabama · 1861

3Cited by6 opinions

  1. Driver v. StateAlabama Court of Appeals · 1921
  2. Felder v. StateAlabama Court of Appeals · 1925
  3. Henderson v. United StatesCourt of Appeals for the D.C. Circuit · 1949
  4. Driver v. StateAlabama Court of Appeals · 1921
  5. MacKlin v. StateAlabama Court of Appeals · 1930

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API