Peacher v. State
Supreme Court of Alabama
APPEAL from the Circuit Court of Lowudes. Tried before the Hon. James Q,. Smith. The appellant, Tom Peacher, was indicted for stealing “ a quantity of corn, to-wit, one bushel of corn, said corn being a part of the outstanding crop of corn belonging to William D. McCurdy, against the peace,” &c.
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APPEAL from the Circuit Court of Lowudes. Tried before the Hon. James Q,. Smith. The appellant, Tom Peacher, was indicted for stealing “ a quantity of corn, to-wit, one bushel of corn, said corn being a part of the outstanding crop of corn belonging to William D. McCurdy, against the peace,” &c. The State introduced a witness who testified that she saw defendant, on three successive days, steal corn from the outstanding crop of corn belonging to W. D. McCurdy, in Lowndes county, and before the finding of the indictment; that the first day, no one was with her, but on the third day her son was…
1Opinion of the CourtBrickell, C. J.
The indictment contains a single count, charging the appellant with stealing corn, part of an outstanding crop; is in the general form prescribed by the Code, omitting any express averment of time or place, and in terms, is broad enough to allow the introduction of evidence of any larceny of corn, part of an outstanding crop, the property of the individual named as owner,' committed within the bar of the statute of limitations, before the finding of the indictment. It must however be construed as charging but one larceny, and the evidence must be confined to one distinct, substantive offense.…
2Cases cited7 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Ingram v. StateSupreme Court of Alabama · 1864
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Smith v. StateSupreme Court of Alabama · 1875
- Cochran v. StateSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Nuckols v. StateSupreme Court of Alabama · 1895
- McCullough v. StateSupreme Court of Alabama · 1879
- Bonham v. StateSupreme Court of Alabama · 1880
- Wilson v. StateSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.