Barnes v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John R, Tyson. The charges of the indictment under which the appellant was tried and convicted are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John R, Tyson. The charges of the indictment under which the appellant was tried and convicted are sufficiently stated in the opinion. On the trial of the cause, the testimony for the State tended to show that the sheep, which was the subject of the larceny and the re-marking, with which the defendant was charged, was the property of Elisha Armstrong, and that it was marked in the mark of said Armstrong’s uncle, who gave the sheep to him. The several witnesses introduced for the State testified that the sheep in question was the…
1Opinion of the CourtMcOLELLAN, J.
The indictment against Barnes, the appellant, contains two counts. In the first count it is charged that he altered or defaced the mark of a sheep, the property of Elisha Armstrong, with the intention to defraud; and in the other, the charge is that he feloniously took and carried away one sheep, the personal property of Elisha Armstrong. Upon the evidence for the state the jury might have him found guilty under either count of the indictment. To the offense laid in the first count an intent to steal is not essential — an intent only to defraud is a necessary ingredient of that offense— and,…
2Cases cited1 opinion
- McMullen v. StateSupreme Court of Alabama · 1875
3Cited by10 opinions
- Talbert v. StateSupreme Court of Alabama · 1898
- Rice v. StateSupreme Court of Alabama · 1920
- Reed v. StateAlabama Court of Appeals · 1945
- State v. McCrackenMontana Supreme Court · 1933
- Russell v. StateSupreme Court of Alabama · 1929
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