Morningstar v. State
Supreme Court of Alabama
EbOM the Circuit Court of Escambia. Tried before the Hon. John K. Henry. The defendant in this case, Henry Morningstar, was indicted for the larceny of “ a large stick of square hewn pine timber, of the value of fifty dollars, the personal property of Mrs. Nancy Georgewas convicted, and fined one hundred dollars. The bill of exceptions purports to Set. out all the evidence adduced on the trial, but it is not necessary to state it.
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EbOM the Circuit Court of Escambia. Tried before the Hon. John K. Henry. The defendant in this case, Henry Morningstar, was indicted for the larceny of “ a large stick of square hewn pine timber, of the value of fifty dollars, the personal property of Mrs. Nancy Georgewas convicted, and fined one hundred dollars. The bill of exceptions purports to Set. out all the evidence adduced on the trial, but it is not necessary to state it. The defendant asked the court, in writing, to charge the jury as follows : “ If the jury believe, from the evidence, that the defendant had a claim, honestly…
1Opinion of the Court
STONE, J. —
The charge asked in this case asserts a correct legal proposition, and should have been given, if there was any evidence before the jury tending to prove “ that the defendant had a claim, honestly entertained, to the stick of timber in question.” — 2 Whar. Amer. Cr. Law, §§ 1769, 1770; Spivey v. The State, 26 Ala. 103; Kirksey v. Fike, 29 Ala. 208.
There was some testimony tending to show that defendant had some claim to the timber, under his alleged purchase from the “Jordan boys.” Whether he removed the timber under this claim; whether he honestly believed he acquired the timber…
2Cases cited6 opinions
- Mobile & Ohio Railroad v. HopkinsSupreme Court of Alabama · 1868
- Spivey v. StateSupreme Court of Alabama · 1855
- Dill v. StateSupreme Court of Alabama · 1854
- Bank of Montgomery v. Plannett's Adm'rSupreme Court of Alabama · 1861
- Kirksey v. FikeSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woods v. StateSupreme Court of Alabama · 1884
- Morrisette v. StateSupreme Court of Alabama · 1884
- Reed v. StateAlabama Court of Appeals · 1945
- Currier v. StateIndiana Supreme Court · 1901
- Russell v. StateSupreme Court of Alabama · 1929
4 more not listed; retrieve them via the Exa API.