Tyler v. State
Alabama Court of Appeals
Appeal from Circuit Coul't, Colbert County; O. P. Almon, Judge. A. C. Tyler was indicted and convicted of the offense of buying, receiving, or concealing stolen property, and from the judgment he appeals.
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Appeal from Circuit Coul't, Colbert County; O. P. Almon, Judge. A. C. Tyler was indicted and convicted of the offense of buying, receiving, or concealing stolen property, and from the judgment he appeals. The evidence is not sufficient to sustain the verdict, and the court should have granted defendant a new trial. 34 Cyc. 515; 150-Ala. 101, 43 South. 204; 174 Ala. 71, 57 South. 245. On these authorities the court erred in refusing the defendant permission to explain his possession. 107 Ala. 85, 52 South. 417.
1Opinion of the CourtSamford, J.
The property alleged to have been stolen consisted of blankets and linen marked “Pullman Company” in such conspicuous way as to be easily seen and read by any person handling the articles. The evidence showed without dispute that the Pullman Company had missing or stolen at Sheffield, Ala., the home of defendant, articles similar to the ones found in possession of defendant, which were identified as property belonging to the Pullman Company which had been stolen. It was also shown that the loss of blankets and linen, such as were found in possession of defendant, occurred prior to the finding…
2Cases cited3 opinions
- Martin v. StateSupreme Court of Alabama · 1893
- Vacalis v. StateSupreme Court of Alabama · 1920
- Cohen v. StateAlabama Court of Appeals · 1918
3Cited by10 opinions
- Wertheimer & Goldberg v. StateIndiana Supreme Court · 1929
- Collins v. StateCourt of Criminal Appeals of Alabama · 1979
- Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
- Eldridge v. StateCourt of Criminal Appeals of Alabama · 1982
- Walker v. StateCourt of Criminal Appeals of Alabama · 1978
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