Washington v. State
Supreme Court of Alabama
From tlie City Court of Montgomery. Tried before the Hon. Tiros. M. AreiNgtoN. Tlie indictment in this case charged, in a single count, that the defendant “did embezzle, or fraudulently convert to his own use, a certain ox or steer, the personal property of H. Gr. Stickney, which had been placed in his possession, to be by him driven or conveyed from Lowndes county to the city of Montgomery, and there by him delivered to said H. Gr.
Read the full summary
From tlie City Court of Montgomery. Tried before the Hon. Tiros. M. AreiNgtoN. Tlie indictment in this case charged, in a single count, that the defendant “did embezzle, or fraudulently convert to his own use, a certain ox or steer, the personal property of H. Gr. Stickney, which had been placed in his possession, to be by him driven or conveyed from Lowndes county to the city of Montgomery, and there by him delivered to said H. Gr. Stickney, and which said ox or steer was of the value of twenty-five dollars.” The cause was tried on issue joined on the plea of not guilty. After conviction,…
1Opinion of the Court
SOMEB.YILLE. J.
The indictment is for the embezzlement of an ox, or steer, which the defendant is alleged to have fraudulently converted to his own use, contrary to the provisions of section 4377 of the present Code (of 1876).
We think the court did not err in charging the jury that the *276offense was a felony. The larceny of an ox or steer, without regard to its value, is made a felony by section 4358 of the Code, punishable by imprisonment in the penitentiary, or by sentence to hard labor for the county, for not less than two, nor more than five years. And the embezzlement of property', under…
2Cases cited3 opinions
- Watson v. StateSupreme Court of Alabama · 1881
- Lowenthal v. StateSupreme Court of Alabama · 1858
- Hinderer v. StateSupreme Court of Alabama · 1863
3Cited by8 opinions
- Reeves v. StateSupreme Court of Alabama · 1891
- Wall v. StateAlabama Court of Appeals · 1911
- Willis v. StateSupreme Court of Alabama · 1901
- State v. FrasherWest Virginia Supreme Court · 1980
- State v. HarmonSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.