Williams v. State
Alabama Court of Appeals
Appeal from Dale Circuit Court. Heard before Hon. Mike Sollie. Alex Williams was convicted of larceny, and he appeals. The motion tó dismiss the appeal should be overruled, as it came too late.— Rule 41, Sup. Ct. Pr; Peters v. Nolan, 57 South. 398; Street v. Street, 113 Ala. 333. Counsel discuss the errors assigned, but without citation of authority. The appeal should be dismissed because not filed at the term to which it was made returnable. — Rule 41, Sup. Ct. Pr.
1Opinion of the Court
de GRAFFENRIED, J. —
The defendant was indicted for the larceny of 400 pounds of seed cotton, the property of James Teal, of the value of less than $25. He was tried and convicted by a jury.
1. Larceny is an offense against the possession. As Teal was in the possession of the cotton when it was stolen, if in fact, it was stolen — the indictment properly laid the ownership of the cotton in him.
*1142. While the question as to whether Teal actually lost any seed cotton (i. e., whether any cotton was in fact stolen from Teal) was a disputed question, the fact that the defendant was in possession of seed…
2Cases cited5 opinions
- Walker v. StateSupreme Court of Alabama · 1877
- Crane v. StateSupreme Court of Alabama · 1895
- Buchanan v. StateSupreme Court of Alabama · 1895
- Pearson v. StateAlabama Court of Appeals · 1912
- Harrison v. City of AnnistonSupreme Court of Alabama · 1908
3Cited by5 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- Riggens v. StateAlabama Court of Appeals · 1968
- Howell v. StateAlabama Court of Appeals · 1935
- Williams v. StateAlabama Court of Appeals · 1923
- Dorsey v. StateCourt of Criminal Appeals of Alabama · 1977