Oakley v. State
Supreme Court of Alabama
From the Circuit Court of Bibb. Tried before the Hon. John Moobe. The indictment in this case was found on the 20th April, 1866, and charged that the defendant, William D. Oakley, “did buy, receive, conceal, or aid in the concealment of four bales of cotton, the personal property of Isaac Milnen, of the value of more than twenty dollars, knowing such personal property to have been stolen.”
Read the full summary
From the Circuit Court of Bibb. Tried before the Hon. John Moobe. The indictment in this case was found on the 20th April, 1866, and charged that the defendant, William D. Oakley, “did buy, receive, conceal, or aid in the concealment of four bales of cotton, the personal property of Isaac Milnen, of the value of more than twenty dollars, knowing such personal property to have been stolen.” No objection was raised to the indictment, and the trial was had, at the October term, 1866, on issue joined on the plea of not guilty. On the trial, as the bill of exceptions shows, “the State proved the…
1Opinion of the CourtA. J. WAXjKEB, C. J.
The instrument of writing signed by Williamson Jones was the first step in the proof necessary to show a title as alleged in the indictment, and was, therefore, admissible in evidence. This instrument, containing the words, “ Beceived of John B. Hamilton, agent of Isaac Milnen,’‘ was one which was' susceptible of explanation by parol evidence, to solve the question whether it was a contract with Hamilton for himself, or as the agent of Isaac Milnen. — Lazarus v. Shearer, 2 Ala. 718; Dawson v. Cotton, 26 Ala. 591. The possession of the instrument by Isaac Milnen, as evidenced by its…
2Cases cited4 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Spivey v. StateSupreme Court of Alabama · 1855
- Hall v. GoodsonSupreme Court of Alabama · 1858
- Dawson v. CottonSupreme Court of Alabama · 1855