Holcombe v. State
Supreme Court of Alabama
Appeal» from Russell Circuit Court. Tried before lion. il. D. Clayton. At tbe fall term, 1881, of said court, tbe appellant was indicted for tbe larceny of “six hundred and seventy-five pounds of seed cotton, of tbe value of twenty dollars, the personal property of John T). McMakinand at tbe same term be was tried and convicted therefor.
Read the full summary
Appeal» from Russell Circuit Court. Tried before lion. il. D. Clayton. At tbe fall term, 1881, of said court, tbe appellant was indicted for tbe larceny of “six hundred and seventy-five pounds of seed cotton, of tbe value of twenty dollars, the personal property of John T). McMakinand at tbe same term be was tried and convicted therefor. On tbe trial tbe evidence showed, thattbe cotton alleged to have been stolen, was raised during tbe year, 1881, by the appellant, McMakin and one Gwinn, under a contract between them, by tbe terms of which they were to-farm together during that year, McMakin…
1Opinion of the CourtSomeryille, J.
At common law, a joint owner, or tenant in common of personal property can not be guilty of larceny, by taking or appropriating to his own use the whole or any part of the joint property, 'however fraudulent or felonious in fact may he his intent, unless he take it from the custody of a bailee, with intent to charge the latter with a pecuniary liability. — Kirksey v. Fike, 29 Ala. 206; 2 Bish. Cr. Law, § 792; Clark’s Man. Cr. Law, § 955.
The defendant, under the contract made between himself and McMakin, was a tenant in common of the crops jointly raised by them. The agreement to farm on…
2Cases cited1 opinion
- Kirksey v. FikeSupreme Court of Alabama · 1856
3Cited by4 opinions
- Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
- Illinois Surety Co. v. DonaldsonSupreme Court of Alabama · 1918
- Adams v. StateSupreme Court of Alabama · 1888
- Mays v. StateSupreme Court of Alabama · 1889