McKinney v. State
Alabama Court of Appeals
Larceny. Appeal from Wilcox Circuit Court. Heard before Hou. B. 'M. Miller. Tom McKinney was convicted of the larceny of an óx and be appeals.
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Larceny. Appeal from Wilcox Circuit Court. Heard before Hou. B. 'M. Miller. Tom McKinney was convicted of the larceny of an óx and be appeals. The facts as proven do not constitute larceny. — Butler v. The State, 91 Ala. 87; Bollmg v. The State, 98 Ala. 83; Watson v. The State, 70 Ala. 13. Under the evidence the jury was not justified in finding a felonious intent. — Blade v. The State 83 Ala. 81; McMullen v. The State, 53 Ala. 531; Roundtree v. The State, 58 Ala. 381; Johnson v. The State, 73 Ala. 523; Higgs v. The State, 113 Ala. 36, 25 Oyc. 22, 46, 49, 129. The evidence failed to show any…
1Opinion of the CourtThomas, J.
The indictment Avas for grand larceny and charged the defendant with the theft of one steer, an animal of the cow kind. It contains two counts— both in code form (Code, § 7161, subd. 64) — differing from each other only in the fact that the first count alleged the property stolen to be the personal property of Milton Brooks, while the second alleged that it was the property of some person other than the defendant, but whose name whs to the grand jury unknown. The defendant interposed a demurrer to the last count on the ground that the name of the owner of the property was not therein alleged.
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2Cases cited10 opinions
- Talbert v. StateSupreme Court of Alabama · 1898
- Dozier v. StateSupreme Court of Alabama · 1900
- Fowler v. StateSupreme Court of Alabama · 1893
- Burger v. StateSupreme Court of Alabama · 1887
- Black v. StateSupreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jones v. StateCourt of Criminal Appeals of Alabama · 1975
- Reynolds v. StateAlabama Court of Appeals · 1943
- Murchison v. StateAlabama Court of Appeals · 1946
- Tuggle v. StateAlabama Court of Appeals · 1924
- Spinks v. StateAlabama Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.