Croom v. State
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before lion. "William E. ClabKe. The judgment in reference to the costs in this case is in these words: “ It is also ordered that the prisoner be and he is hereby sentenced to additional hard labor for Marengo county for one hundred and sixty-nine days, the time required by law to work out the costs of this prosecution at forty cents per day.” The record fails to show the items of costs.
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Appeal from Marengo Circuit Court. Tried before lion. "William E. ClabKe. The judgment in reference to the costs in this case is in these words: “ It is also ordered that the prisoner be and he is hereby sentenced to additional hard labor for Marengo county for one hundred and sixty-nine days, the time required by law to work out the costs of this prosecution at forty cents per day.” The record fails to show the items of costs. The other facts are sufficiently stated in the opinion.
1Opinion of the CourtSomerville, J.
The defendant is indicted for the larceny of a hog. The only evidence of an asportation is that tending to prove that he shot the animal and cut its throat, these injuries resulting in death. The court charged the jury, that “tlie least removal of the hog by the defendant, after he shot and killed it, would be an asportavit in law; and if the jury believe from the evidence, beyond a reasonable doubt, that the defendant shot and killed the hog, and then took hold of it and cut its throat, that would constitute a taking and carrying away in the eyes of the law.”
This charge we think was correct,…
2Cases cited3 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Edmonds v. StateSupreme Court of Alabama · 1881
- Coleman v. StateSupreme Court of Alabama · 1876
3Cited by16 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Blakeney v. StateSupreme Court of Alabama · 1943
- Milam v. StateSupreme Court of Alabama · 1940
- Molton v. StateSupreme Court of Alabama · 1894
- Kemp v. StateSupreme Court of Alabama · 1889
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