Fox v. State
Alabama Court of Appeals
Appeal from Circuit Court, Etowah. County; O. A. Steele, Judge. Clifford Fox was convicted of larceny and he appealed. For statement of facts see 87 South. 623. The following charges were refused to the defendant: (4) I charge you that, if under the evidence Williams contracted to sell the Ford car to the defendant, you must acquit the defendant.
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Appeal from Circuit Court, Etowah. County; O. A. Steele, Judge. Clifford Fox was convicted of larceny and he appealed. For statement of facts see 87 South. 623. The following charges were refused to the defendant: (4) I charge you that, if under the evidence Williams contracted to sell the Ford car to the defendant, you must acquit the defendant. (7) Unless the state has satisfied you, beyond all reasonable doubt, that Mr. Williams did not sell the car to the defendant, then you need go no further, but should return a verdict for the defendant. (6) If Clifford Fox obtained the Ford car under…
1Opinion of the CourtSamford, J.
[1] The defendant was indicted for the larceny of an automobile, which the state contended was feloniously taken from A. J. Williams, while the defendant, admitting the taking, insisted that the taking was without felonious intent.
“The most approved definition of larceny at common law is given by Mr. East, in Ms Crown Laws: ‘The- fraudulent or wrongful taking and carrying away by any person of the mere personal goods of another, from any place, with a felonious intent to convert them to his own use, and make them his own property, without the consent of the owner.” 2 East, 524; 3 Greenl. Ev.…
2Cases cited17 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Davis v. StateSupreme Court of Alabama · 1914
- Adams v. StateSupreme Court of Alabama · 1912
- McClain v. StateSupreme Court of Alabama · 1913
- Nordan v. StateSupreme Court of Alabama · 1904
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3Cited by7 opinions
- Sweeney v. StateAlabama Court of Appeals · 1932
- Arrington v. StateAlabama Court of Appeals · 1931
- Riddle v. StateAlabama Court of Appeals · 1962
- Barnes v. StateAlabama Court of Appeals · 1928
- Haithcock v. StateAlabama Court of Appeals · 1926
2 more not listed; retrieve them via the Exa API.