Marsh v. State
Alabama Court of Appeals
Appeal from Wilcox Circuit Court, Heard before Hon. B. M. Miller. Richard Marsh was convicted of larceny and he appeals.
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Appeal from Wilcox Circuit Court, Heard before Hon. B. M. Miller. Richard Marsh was convicted of larceny and he appeals. There was a variance between the indictment and proof, and under the facts in this case, charge 16 should have been given. — Watson v. The State, 55 Ala. 150; McClellan v. The State, 121 Ala. 18; McGlerldn v. The State, 105 Ala. 112; State v. Plunkett, 2 Stew. 11; Stollenwerck v. The State, 55 Ala. 142. Counsel discuss other assignments of error, but it is not deemed necessary to here set it out. There was no variance between the allegation and the proof. —Bates v. The…
1Opinion of the Court
de GRAFFENRIED, J.
In an indictment for the larceny of an animal, it is sufficient to describe the animal by such name as in the common understanding embraces it, without designating its sex. — Code 1907, § 7326. It is therefore evident that under the provisions of the above statute an indictment for the larceny of a dog, a. sheep, a goat or a hog would be sufficiently made out by proof of the larceny of either a male or a female of the particular species of animal named in the indictment. It does not follow, however, that in cases where, by common understanding, a certain word embraces only…
2Cases cited4 opinions
- State v. MurphySupreme Court of Alabama · 1844
- Bates v. StateSupreme Court of Alabama · 1907
- Parker v. StateSupreme Court of Alabama · 1864
- State v. McMinnSupreme Court of Arkansas · 1879
3Cited by11 opinions
- Smith v. StateAlabama Court of Appeals · 1941
- Carroll v. StateAlabama Court of Appeals · 1939
- Corbin v. StateAlabama Court of Appeals · 1917
- Johnson v. StateAlabama Court of Appeals · 1915
- Thomas v. StateAlabama Court of Appeals · 1917
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