Legal Opinion · Dissent

Benefield v. State

Alabama Court of Appeals

Decided October 3, 1967No. 5 Div. 677Published

1DissentJohnson, Judge

The writer is impressed with the fact that this is a case originating from a domestic “squabble and fuss” between a husband and wife. The appellant is charged with grand larceny, an offense the commission of which requires a felonious intent to take and “carry away”, which, in my opinion, under the evidence was not here proven. A perusal of the evidence in this case reveals an offer or attempt by appellant to prove the arrangements for and/or furnishing, substituting and exchanging of automobiles for the use and transportation of his wife and children over a period of years. Numerous attempts…

2Cases cited11 opinions

  1. Dennison v. StateAlabama Court of Appeals · 1921
  2. Austin v. BeanSupreme Court of Alabama · 1894
  3. McGhee v. AlexanderSupreme Court of Alabama · 1893
  4. Williams v. StateAlabama Court of Appeals · 1948
  5. Neal v. StateAlabama Court of Appeals · 1951

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