Storrs v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Shelby. Tried before the Hon. John Pelham. The indictment under which the appellant was convicted contained three counts. The first count charged the larceny of a pistol o.f the value of $10 from a dwelling house. The other counts charged the larceny of a pistol from a storehouse, and a warehouse, respectively.
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Appeal from tbe Circuit Court of Shelby. Tried before the Hon. John Pelham. The indictment under which the appellant was convicted contained three counts. The first count charged the larceny of a pistol o.f the value of $10 from a dwelling house. The other counts charged the larceny of a pistol from a storehouse, and a warehouse, respectively. The defendant filed the following plea of former acquittal: “Comes the defendant and for plea to the indictment against him says : That on, to-wit, the. .. . day of September, 1899, he was tried upon a charge of larceny by James Ozeley, a justice of the…
1Opinion of the Court
TYiáON, J.
Prior to the adoption of the present Code the stealing of property from a dwelling house, storehouse or warehouse, etc., without regard to its value, was grand larceny. The (‘rime as thus denounced, was single and divisible and involved in it no lower grade of the offense than the one charged in the indictment. Code of 1886, § 3789; Stone v. The State, 115 Ala. 121. Under the present-statutes, where the larceny is from a dwelling house, store house or warehouse, etc., the crime may be grand or petit larceny, depending upon the value of the personal property stolen. If it is of the…
2Cases cited4 opinions
- Moore v. StateSupreme Court of Alabama · 1882
- Stone v. StateSupreme Court of Alabama · 1896
- Cohen v. StateSupreme Court of Alabama · 1874
- Cross v. StateSupreme Court of Alabama · 1897
3Cited by9 opinions
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Andrews v. StateSupreme Court of Alabama · 1911
- Sanford v. StateSupreme Court of Florida · 1918
- State v. BlevinsSupreme Court of Alabama · 1901
- Green v. StateAlabama Court of Appeals · 1928
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