Fearn v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; O. Kyle, Judge. Percy Eearn was convicted of receiving stolen property or concealing same, and be appeals. The evidence for the state tended to show that certain automobile tires and tubes were stolen from the place of business of Clarence Wise, and that some of them were sold by the defendant and one Lackey, and that others were concealed by them.
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Appeal from Circuit Court, Madison County; O. Kyle, Judge. Percy Eearn was convicted of receiving stolen property or concealing same, and be appeals. The evidence for the state tended to show that certain automobile tires and tubes were stolen from the place of business of Clarence Wise, and that some of them were sold by the defendant and one Lackey, and that others were concealed by them. Lackey testified in the case, and his evidence tended to show that Twist and Edwards stole the tires and tubes, and that he and Eearn took them around and sold them, and that both had knowledge that they…
1Opinion of the CourtBricken, P. J.
The defendant was indicted, tried, and convicted for the offense of buying, receiving, or concealing, or aiding in concealing, certain personal property, knowing that it had been stolen, and not having the intent to restore it to the owner; the value of the property being sufficient to constitute the offense a felony.
[1] There were but two exceptions reserved to the rulings of the court upon the testimony. When state witness Lackey was being examined on direct examination, the solicitor propounded to him the following question: “You and Percy (the defendant) knew that they were stolen?” No…
2Cases cited2 opinions
- Crawley v. StateAlabama Court of Appeals · 1918
- King v. StateAlabama Court of Appeals · 1917
3Cited by2 opinions
- Hamlett v. StateAlabama Court of Appeals · 1923
- Sparks v. StateAlabama Court of Appeals · 1923