Legal Opinion

Holyfield v. State

Alabama Court of Appeals

Decided June 13, 1919No. 3 Div. 350PublishedCited by 7 opinions

' Appeal from "Circuit' ¡Court, Montgomery CountyLeon McCord^ judge. Charlie Holyfield, indicted under two counts, the first charging the- receiving of stolen property, and the second charging grand larceny, was convicted of receiving stolen property, and appeals. The following are the charges refused to the defendant: (10 and 11) General affirmative charge.

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' Appeal from "Circuit' ¡Court, Montgomery CountyLeon McCord^ judge. Charlie Holyfield, indicted under two counts, the first charging the- receiving of stolen property, and the second charging grand larceny, was convicted of receiving stolen property, and appeals. The following are the charges refused to the defendant: (10 and 11) General affirmative charge. “(14) If you believe from the evidence that John Davis employed the defendant to haul the meat as public drayman for him, you must find the defendant not guilty.” “(19) If you believe from the evidence that the defendant reported to the…

1Opinion of the Court

It was disclosed by the evidence that the Central Market sent an order by its porter, one John Davis, to the slaughterhouse for four cattle and two calves; that when this order was presented it read 4 1/2 cattle and 2 calves, and that Davis left the slaughterhouse with them. When he got to a point where there was a dray stand on Monroe street, in the city of Montgomery, he delivered to the defendant, who was a drayman, the one-half cattle. The defendant took it, and immediately drove to Dennis Vine's restaurant, a short distance away, and told Vine he had come to deliver it. Vine refused to…

2Cases cited2 opinions

  1. Nelson v. StateSupreme Court of Alabama · 1900
  2. Cooper v. StateSupreme Court of Alabama · 1879

3Cited by7 opinions

  1. Ellis v. StateAlabama Court of Appeals · 1922
  2. Largin v. StateAlabama Court of Appeals · 1925
  3. Turner v. StateAlabama Court of Appeals · 1920
  4. Ganus v. StateAlabama Court of Appeals · 1923
  5. Kiel v. StateAlabama Court of Appeals · 1938

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