Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. The appellant ivas indicted, tried and convicted for larceny from a storehouse, and sentenced to the penitentiary for two years. The indictment under which the defendant was tried and convicted charged larceny from the storehouse alleged ito be the property of B. B. Garner, and further charged that the meat and lard stolen from said storehouse were the property of said B. B. Garner.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. The appellant ivas indicted, tried and convicted for larceny from a storehouse, and sentenced to the penitentiary for two years. The indictment under which the defendant was tried and convicted charged larceny from the storehouse alleged ito be the property of B. B. Garner, and further charged that the meat and lard stolen from said storehouse were the property of said B. B. Garner. On the trial of the cause B. B. Garner, as a witness, testified that he was a member of the firm of Garner & Embry, who conducted a…
1Opinion of the CourtTyson, J.
The ownership of the property is sufficiently laid in Garner, one of the members of the partnership. — 'Code, § 4909; White v. The State, 72 Ala. 195; Brown v. The State, 79 Ala. 51.
*150It must now be regarded as settled in this State that the unexplained possession of property recently stolen does not as matter of law raise a presumption of guilt from the circumstance. Nor does the unexplained possession by one person of goods belonging to another raise the presumption that a larceny has been committed and that the possessor is a thief. Additional evidence is necessary to establish a. corpus…
2Cases cited6 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- Orr v. StateSupreme Court of Alabama · 1894
- Bones v. StateSupreme Court of Alabama · 1897
- White v. StateSupreme Court of Alabama · 1882
- Thomas v. StateSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hill v. StateSupreme Court of Alabama · 1922
- Sanders v. StateSupreme Court of Alabama · 1910
- Bills v. StateCourt of Criminal Appeals of Alabama · 1973
- Tanner v. StateAlabama Court of Appeals · 1953
- Eldridge v. StateCourt of Criminal Appeals of Alabama · 1982
39 more not listed; retrieve them via the Exa API.