Hunter v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene . The appellant was indicted, tried and convicted of grand larceny, in feloniously taking and carrying away money to the amount of fifty dollars, the personal property of one John Murray. The indictment under which the defendant was convicted was preferred against Charlie Cole, Obe Lovelace and the appellant, Anderson Hunter.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Greene . The appellant was indicted, tried and convicted of grand larceny, in feloniously taking and carrying away money to the amount of fifty dollars, the personal property of one John Murray. The indictment under which the defendant was convicted was preferred against Charlie Cole, Obe Lovelace and the appellant, Anderson Hunter. A severance having been granted on motion of Anderson Hunter, he was tried alone. The State introduced John Murray, who testified that he lived near and worked in one of the coal mines,…
1Opinion of the CourtBrickell, C. J.
The declarations of Lovelace to the prosecutor made in the absence of the defendant, were of course inadmissible ■ except upon the theory of the existence of a conspiracy between the defendant and Lovelace. The principle upon which such declarations are admitted is, that the conspirators, by the act of conspiring, “have jointly assumed to themselves the attribute of individuality so far as regards the prosecution of tha common design ; thus rendering whatever is said or done by any one in furtherance of that design, a part of the ree yestie, and therefore the act of all.” — 8 Greenleaf *80on…
2Cases cited1 opinion
- McAnally v. StateSupreme Court of Alabama · 1883
3Cited by26 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Patterson v. StateSupreme Court of Alabama · 1918
- Douglas v. StateAlabama Court of Appeals · 1963
- Green v. StateAlabama Court of Appeals · 1964
- Leverett v. StateAlabama Court of Appeals · 1922
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