Driver v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Luther Driver and Enoch Mims were convicted of grand larceny, and they appealed. The defendant was not guilty of grand! larceny under the facts ,of this case, and the court was in error in its oral charge. Section 7324, Code 1907 ; 39 Ala. 680; 99 Ala. 143, 13 South. 566; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 569, 64 South. 960; 70 Ala. 8, 45 Am. Rep. 67. There was no variance.
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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Luther Driver and Enoch Mims were convicted of grand larceny, and they appealed. The defendant was not guilty of grand! larceny under the facts ,of this case, and the court was in error in its oral charge. Section 7324, Code 1907 ; 39 Ala. 680; 99 Ala. 143, 13 South. 566; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 569, 64 South. 960; 70 Ala. 8, 45 Am. Rep. 67. There was no variance. Section 7147, Code 1907; 16 Ala. App. 190, 76 South. 474.
1Opinion of the Court
The appellants were convicted of grand larceny, the theft of seed cotton. In the trial of the case the defendants offered no testimony, and it is earnestly insisted here, as also appears to have been done in the trial court, that there was a variance between the allegation of the ownership of the property as alleged in the indictment, and as disclosed by the proof. The ownership was laid in E.H. Mims, Becky Driver, and Will Connell. The testimony of the relationship of these parties as regards these farming operations for the year 1919 is very meagre, as disclosed by the record. This much,…
2Cases cited7 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Hall v. StateSupreme Court of Alabama · 1901
- Vaughn v. StateSupreme Court of Alabama · 1900
- Beck v. CrowSupreme Court of Alabama · 1920
- Tate v. Cody-Henderson Co.Alabama Court of Appeals · 1914
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3Cited by6 opinions
- Gurley v. StateAlabama Court of Appeals · 1952
- Moss v. StateAlabama Court of Appeals · 1945
- Fidelity & Deposit Co. v. PanitzCourt of Appeals of Maryland · 1923
- Jenks v. StateAlabama Court of Appeals · 1923
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1980
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