Legal Opinion

State v. Seay

Supreme Court of Alabama

Decided July 15, 1830PublishedCited by 31 opinions

Aquilea Seay was indicted in the Circuit Court of Mobile county, at March term 1S30, for larceny, and for bringing property to that county stolen by him in Georgia. The indictment contained five counts.

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Aquilea Seay was indicted in the Circuit Court of Mobile county, at March term 1S30, for larceny, and for bringing property to that county stolen by him in Georgia. The indictment contained five counts. The second count charged that “Aquilla Seay, late of the State of Alabama and county of Mobile, laborer, on the 20th day of March, 1830, with force and arms, in the-State of Georgia, to wit: at the city of Augusta, in the county of Richmond in said State, and out of the State of Alabama, one carriage commonly called a barouche, of the value of one hundred dollars, and harness for two horses of…

1Opinion of the Court

By JUDGE COLLIER.

The offence charged, and the form of the indictment, very materially suggest these questions for our examination.

1st. Can one who has committed a larceny in a sister State, and brought with him the property stolen into this, be punished under our laws?

2nd. If the facts supposed in the first question constitute an offence, is the indictment sufficient in point of law?

First. That an individual who has committed a Jar-*128ccny or other offence within the jurisdiction of this State,, cannot for such offence be punished hero upon common law principles, is a proposition to which we are…

2Cases cited2 opinions

  1. Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
  2. Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804

3Cited by31 opinions

  1. Travis v. StateCourt of Criminal Appeals of Alabama · 1997
  2. Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
  3. Barbee v. StateCourt of Criminal Appeals of Alabama · 1982
  4. Gayden v. StateSupreme Court of Alabama · 1955
  5. Ex Parte LewisSupreme Court of Alabama · 2001

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