Tompkins v. State
Supreme Court of Alabama
[INMCTMEUT EOR LMtCEHY J?ROM STOREHOUSE.] Appeal from the Circuit Court of Pike. Tried before the Hon. JOHN G-ill Shoetee. The prisoner in this case was indicted for the larceny of a pair of shoes, alleged to have been the personal property of one Archibald T. Lockard, and to have been stolen from a storehouse.
Read the full summary
[INMCTMEUT EOR LMtCEHY J?ROM STOREHOUSE.] Appeal from the Circuit Court of Pike. Tried before the Hon. JOHN G-ill Shoetee. The prisoner in this case was indicted for the larceny of a pair of shoes, alleged to have been the personal property of one Archibald T. Lockard, and to have been stolen from a storehouse. The evidence adduced on the trial, and the rulings of the court, are thus stated in the bill of exceptions: “ On the trial of this case, the State introduced a witness who was the clerk of one Lockard, a merchant in the town of Troy in said county, and who testified, that the prisoner…
1Opinion of the CourtStone, J.
Most criminal offenses are made up of two or more facts, which are in their nature distinguishable. In this case, the offense consists of at least two facts: 1st, the theft: and, 2d, the agent by which the crime was committed. To justify a conviction, it was essential'that each of these facts should have been proved. Further, if the defendant, on the testimony in this record, had asked the court to instruct the jury, that they could not convict, if the proof failed to establish one or more of the constituent facts, naming such constituent fact or facts, and the court had refused to give the…
2Cases cited10 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Sumner v. StateIndiana Supreme Court · 1841
- Blocker v. BurnessSupreme Court of Alabama · 1841
- Godbold v. Blair & Co.Supreme Court of Alabama · 1855
- Sherrod v. RhodesSupreme Court of Alabama · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Helms v. StateSupreme Court of Alabama · 1950
- State v. CohenSupreme Court of Iowa · 1899
- Pope v. StateSupreme Court of Alabama · 1910
- Vaughn v. StateSupreme Court of Alabama · 1900
- Grant v. StateSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.