Legal Opinion

McMickens v. State

Alabama Court of Appeals

Decided May 29, 1917No. 6 Div. 313PublishedCited by 19 opinions

Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Amos McMickens was convicted of petit' larceny, and appeals. Divested of all objectionable testimony, the evidence for the state was as follows: That one Bumby, who lived in Bessemer, an'd who was in the scrap iron business, knew the defendant and had purchased about $100 worth of copper, wire, and brass from him, during the year 1912; that some of it was brass grip shoes and copper wire; that it was brought to him in…

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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Amos McMickens was convicted of petit' larceny, and appeals. Divested of all objectionable testimony, the evidence for the state was as follows: That one Bumby, who lived in Bessemer, an'd who was in the scrap iron business, knew the defendant and had purchased about $100 worth of copper, wire, and brass from him, during the year 1912; that some of it was brass grip shoes and copper wire; that it was brought to him in a wagon several times during the winter and spring of 1912; that witness asked defendant if he had authority to sell…

1Opinion of the CourtSamford, J.

[1] In order to sustain a conviction for larceny, the state must establish : (1) The ownership of the property; (2) that the property was taken; (3) its value; (4) that it was taken with felonious intent; (5) that the 'defendant did the taking, or aided or abetted; and, (6) the time and venue.

[2-4] There is no competent evidence in the record to show that the property charged in the indictment to have been stolen was in fact ever stolen at all.

“Where nonconsent is a principal ingredient in the offense, direct proof alone from the person whose nonconsent is necessary can satisfy the rule.…

2Cases cited3 opinions

  1. Tinney v. StateSupreme Court of Alabama · 1895
  2. Gibson v. StateAlabama Court of Appeals · 1916
  3. Newell v. StateAlabama Court of Appeals · 1917

3Cited by19 opinions

  1. Racine v. StateSupreme Court of Alabama · 1973
  2. Allen v. StateCourt of Criminal Appeals of Alabama · 1979
  3. Terrell v. StateCourt of Criminal Appeals of Alabama · 1981
  4. Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
  5. Coates v. StateAlabama Court of Appeals · 1952

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