Boyd v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Pink Boyd was convicted of receiving or concealing stolen property and he appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Pink Boyd was convicted of receiving or concealing stolen property and he appeals. The judgment does not conform to the verdict . — People v. Johnson, 71 Cal. 384. The defendant cannot be punished where the sentence rests on a judgment indicating an offense different from 'that of which he was found guilty by the jury. — Herrington v. The State, 87 Ala. 1; 7¡aner v. The State, 90 Ala. 650; Johnson v. The State, 94 Ala. 35; New’s testimony stated a conclusion, and his answer was not a shorthand rendering of fact. —…
1Opinion of the CourtMcCLELLAN, J.
This is the second appeal in this case. — Boyd v. The State, 150 Ala. 101, 43 South. 204. The indictment charged the value of the concealed and stolen property to be above that necessary to constitute a felony. After reversal, npon the succeeding trial below, “it was agreed by the state and defendant that as the defendant had been convicted, on a former trial of the misdemeanor charged in the indictment, and this amounted to an acquittal of the felony charge, the prosecution should be • only for the misdemeanor charged therein.” The jury’s verdict found the defendant guilty as charged in the…
2Cases cited2 opinions
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
- Boyd v. StateSupreme Court of Alabama · 1907
3Cited by4 opinions
- Sanford v. StateAlabama Court of Appeals · 1911
- Nashville, C. & St. L. Ry. v. BlackwellSupreme Court of Alabama · 1918
- Burk v. StateAlabama Court of Appeals · 1917
- Tennessee Coal, Iron & Railroad v. BarkerAlabama Court of Appeals · 1912