Allen v. State
Supreme Court of Alabama
From tlie Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendant in this case was indicted for the larceny of $487.00 in money, the bills being particularly described, and alleged to be the personal property of Anthony B. Green.
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From tlie Circuit Court of DeKalb. Tried before the Hon. John B. Tally. The defendant in this case was indicted for the larceny of $487.00 in money, the bills being particularly described, and alleged to be the personal property of Anthony B. Green. On the trial, as appears from the bill of exceptions, said Green testified to the loss of his pocket-book, containing money as described in the indictment, on Sunday evening, February 23d, 1890, under the following circumstances: he had been spending the day at his mother’s house, and was returning to his own house in the evening on horse-back,…
1Opinion of the CourtClopton, J.
The charge, to the refusal of which the first exception is taken, asserts the naked proposition, that if the money, for the larceny of which defendant is indicted, was found* by his children, and delivered to him, he can not be guilty of larceny, whatever may have been his intent at the time of taking the money. Finding it, and its delivery to the defendant by the finder, did not deprive the money, as to the owner, oí the character or status of lost property; the ownership remained in him, drawing to it, constructively, the right of possession. When defendant took the money from his children,…
2Cases cited1 opinion
- Griggs v. StateSupreme Court of Alabama · 1877
3Cited by10 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- May v. StateAlabama Court of Appeals · 1918
- Ludlum v. StateAlabama Court of Appeals · 1915
- State v. HintonOregon Supreme Court · 1910
- State v. HayesSupreme Court of Iowa · 1896
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