Johnson v. State
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Cl eye Johnson was convicted of the larceny of certain money, and he appeals.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Cl eye Johnson was convicted of the larceny of certain money, and he appeals. The defendant was entitled to the affirmative charge because it was not shown that the money stolen was currency of the United States as alleged in the indictment. — McGehee v. The State, 52 Ala. 224. The evidence was sufficient to submit to the jury the question as to whether the money stolen was that described in the indictment. — Watts v; The State, 55 Ala. 158; Wall v. The State, 8 Ala. 418; Gady v. The State, 88 Ala. 53; Verberg v. The State,…
1Opinion of the CourtMayfield, J.
The defendant was indicted for the larceny of one $20 gold piece, one $10 gold piece, one $10 bill, 4 silver dollars, and 90 cents in silver specie,, which denominations are otherwise unknown to the grand jury, all money of the United States, and the property of Charlie Cowan, of the value of $44.90. The evidence conclusively showed that money of the denominations and value alleged was stolen from Charlie Cowan, and it tended to show that the defendant was the thief; in fact, he admitted getting a part of the money of Cowan alleged to have been stolen. No witness, however, testified that the…
2Cases cited5 opinions
- State v. HillNebraska Supreme Court · 1896
- Noble v. StateSupreme Court of Alabama · 1877
- State v. DownsIndiana Supreme Court · 1897
- United States v. Lucius Beebe & SonsCourt of Appeals for the First Circuit · 1903
- Shackleford v. CunninghamSupreme Court of Alabama · 1867