Harris v. State
Supreme Court of Alabama
From the Circuit Court of Hale. Tried before the Hon. George H. Craig. The indictment in this case, which was found in April, 1876, contained but a single count, which charged that the defendant “ feloniously took and carried away a part of an outstanding crop of corn, the property of Pleasant W. K. Stringfellow.”
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From the Circuit Court of Hale. Tried before the Hon. George H. Craig. The indictment in this case, which was found in April, 1876, contained but a single count, which charged that the defendant “ feloniously took and carried away a part of an outstanding crop of corn, the property of Pleasant W. K. Stringfellow.” “ On the trial,” as the bill of exceptions states, “ the State introduced evidence tending to show that, within twelve months before the finding of the indictment, and in said county of Hale, the defendant did steal a part of an outstanding crop of corn, which belonged jointly to P.…
1Opinion of the CourtStone, J.
The present indictment is framed under the amendment of section 3706, Lev. Code, found' on page 260, Acts of 1871-5 ; Code of 1876, § 1358. The indictment pursues the statute strictly, and is sufficient. This statute created a new offense, of very high grade, out of an act which, by the common law, was oníy a trespass. Growing or outstanding crops are part of the freehold, and, before this statute, were not the subject of larceny; which consisted of feloniously taking and carrying away the personal goods of another.- — 4 Black. Com. 229, 232.
2. At common law, it was necessary that the proof…
2Cases cited1 opinion
- Davis v. StateSupreme Court of Alabama · 1850
3Cited by4 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- White v. StateSupreme Court of Alabama · 1882
- McCall v. StateSupreme Court of Alabama · 1881
- Ledbetter v. StateAlabama Court of Appeals · 1931