May v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. William L. Parks, Special Judge. The appellant was tried and convicted under an indictment charging that he, with the purpose of hindering, delaying or defrauding Mary E. Motes, who had a lawful and valid claim thereto under a written instrument, lien, &c., did sell or remove personal property consisting of a mule.
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Appeal from the Circuit Court of Pike. Tried before the Hon. William L. Parks, Special Judge. The appellant was tried and convicted under an indictment charging that he, with the purpose of hindering, delaying or defrauding Mary E. Motes, who had a lawful and valid claim thereto under a written instrument, lien, &c., did sell or remove personal property consisting of a mule. P. A. Motes, the husband of Mary E. Motes, testified that in the year 1894, the defendant, through him, as the agent of his wife, executed to Mary E. Motes a mortgage upon a certain mule, together with other property, to…
1Opinion of the CourtMcCLELLAN, J.
The general charge requested by the defendant should have been given for the reason that no evidence of the venue was adduced.
This instruction was probably requested on the theory that there was no evidence in the case tending to show, or authorizing the inference, that the defendant removed the property for the purpose of hindering, delaying or defrauding any person having á claim thereto. It cannot be supported on that theory, when it is considered that the fact of removal with knowledge of the claim itself raises an inclusive presumption of such intent, and whether the other evidence in…
2Cited by10 opinions
- Stokes v. StateCourt of Criminal Appeals of Alabama · 1979
- Steele v. StateSupreme Court of Alabama · 1909
- Kent v. StateAlabama Court of Appeals · 1949
- State v. CraigSupreme Court of Kansas · 1927
- Stevenson v. StateAlabama Court of Appeals · 1921
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