Walker v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. The appellant was tried and convicted under the following indictment: “1. The grand jury of said county charge that before the finding of this indictment that Levi Walker feloniously took and carried away one hundred ears of corn of the value of forty cents, being apart of an outstanding crop of corn, the property of Carrie Jennings, Bart Jennings, Henry Jennings, Maggie May Jennings arid…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. The appellant was tried and convicted under the following indictment: “1. The grand jury of said county charge that before the finding of this indictment that Levi Walker feloniously took and carried away one hundred ears of corn of the value of forty cents, being apart of an outstanding crop of corn, the property of Carrie Jennings, Bart Jennings, Henry Jennings, Maggie May Jennings arid Carrie Lee Jennings. “2. The grand jury of said county further charge that before the finding of this indictment Levi…
1Opinion of the CourtBrickell, C. J.
Corn,cotton,and other like crops, not the spontaneous growth of the earth, produced annually'by labor and industry,are known as emblements, and on the death of the occupier of the land, whether he be the owner of the inheritance or of an estate terminating with his life, pass to his personal representative.— 1 Williams Ex’t’rs, 710. It is a well known rule of criminal pleading, that when it becomes necessary to a.ver the ownership of property which resided in one dead, while living, if it be personal property, passing to the personal representative, of which he has custody, actually or…
2Cases cited3 opinions
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
- Brown v. BeasonSupreme Court of Alabama · 1854
- Parmer v. StateSupreme Court of Alabama · 1868
3Cited by3 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Adams v. AdamsSupreme Court of Alabama · 1932
- McMillan v. StateSupreme Court of Alabama · 1909