Kidd v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case charged, in a single count, that Robert W. Kidd and Charles S. Gammell feloniously took and carried away, from the person of one Jim Jackson, sixteen silver dollars, currency of the United States. The defendants pleaded not guilty, but were convicted of petit larceny, and fined $100 each.
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The indictment in this case charged, in a single count, that Robert W. Kidd and Charles S. Gammell feloniously took and carried away, from the person of one Jim Jackson, sixteen silver dollars, currency of the United States. The defendants pleaded not guilty, but were convicted of petit larceny, and fined $100 each. On the trial, as the bill of exceptions states, said Jackson was introduced as a witness for the State, and testified that, on the Í9th August, 1887, he came down on a freight train with the defendants,…
1Opinion of the CourtSomebyille, J.
— 1. It is objected that, under the facts of this case, the City Court of Montgomery county had no jurisdiction of the offense charged, which is that of larceny. The reason assigned is, that the money alleged to be stolen was taken from the possession of the owner by defendants, if taken at all, outside of the county of Montgomery, and was only brought into the latter county. If these facts be true, under the provisions of section 4639 of Code of 1876, which is but an affirmation of the common-law rule on the subject, jurisdiction is in either county — the . one in which the felonious taking…
2Cases cited4 opinions
- Coleman v. StateSupreme Court of Alabama · 1877
- Farrish v. StateSupreme Court of Alabama · 1879
- Smith v. StateSupreme Court of Alabama · 1876
- Humbree v. StateSupreme Court of Alabama · 1886
3Cited by9 opinions
- Bryant v. StateSupreme Court of Alabama · 1897
- Perry v. StateSupreme Court of Alabama · 1888
- Milam v. StateSupreme Court of Alabama · 1940
- Jones v. StateSupreme Court of Alabama · 1893
- Carden v. StateSupreme Court of Alabama · 1887
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