Dozier v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried 'before the Hon. William H. Thomas. The appellant in this case was indicted, tried and convicted for the larceny of a barrel of whiskey, and 'sentenced to the penitentiary for three years. The complaint contained two counts, each of which charged the larceny of one barrel of whiskey, of the value of one hundred dollars. In the first count the ownership of the whiskey was laid in the Louisville & Nashville Railroad Company.
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Appeal from the City Court of Montgomery. Tried 'before the Hon. William H. Thomas. The appellant in this case was indicted, tried and convicted for the larceny of a barrel of whiskey, and 'sentenced to the penitentiary for three years. The complaint contained two counts, each of which charged the larceny of one barrel of whiskey, of the value of one hundred dollars. In the first count the ownership of the whiskey was laid in the Louisville & Nashville Railroad Company. In the second count it mas laid in H. W. Fancher. On the trial of the case it was shown by the evidence that a barrel of…
1Opinion of the CourtTyson, J.
In the absence of all tendencies of the evidence to support the conclusion, that defendant came into possession of the barrel of whiskey by the consent of the Louisville & Nashville Railroad Company or Faneher, in whom its ownership is laid in the indictment, or by finding it, there is no room for the an pli-cation of the principle that he must have entertained the felonious intent contemporaneously with the tak*61ing, to the exclusion of the application of the principle that if he subsequently formed the fraudulent purpose, after acquiring possession, of converting it to his own use or to the…
2Cases cited7 opinions
- Washington v. StateSupreme Court of Alabama · 1894
- Talbert v. StateSupreme Court of Alabama · 1898
- Holbrook v. StateSupreme Court of Alabama · 1894
- Griggs v. StateSupreme Court of Alabama · 1877
- Beckham v. StateSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Lacey v. StateAlabama Court of Appeals · 1915
- Gills v. StateAlabama Court of Appeals · 1950
- Heningburg v. StateSupreme Court of Alabama · 1907
- Dickens v. StateSupreme Court of Alabama · 1904
19 more not listed; retrieve them via the Exa API.