Jeffries v. State
Alabama Court of Appeals
Larceny. Appeal from Hale County Law and Equity Court. Heard before Hon. Charles E. Waller. Charley Jeffries ivas convicted of the larceny of a cow and he appeals.
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Larceny. Appeal from Hale County Law and Equity Court. Heard before Hon. Charles E. Waller. Charley Jeffries ivas convicted of the larceny of a cow and he appeals. The evidence does not sufficiently show the corpus delicti, and hence, the charge requested by defendant should have been given. • — 8 Enc. of Evid. 99; Sanders v. The State, 167 Ala. 85. Under the evidence it was a question for the jury to say whether the defendant’s possession was felonious or not, and the court properly submitted that question to the jury.
1Opinion of the CourtWalker, P. J.
The only support for the charge of larceny made against the defendant was evidence tending to prove his possession and sale of a cow which had disappeared from a pasture from which cattle sometimes escaped through broken places in the fence which inclosed it or at a point where a branch ran under the fence. There was an entire absence of evidence having *145any tendency to prove bow the coav got out of the possession of its owner or came into the possession of the defendant. It would he pure surmise to say that he feloniously took and carried it away, rather than that he innocently took charge of…
2Cases cited4 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Sanders v. StateSupreme Court of Alabama · 1910
- Griggs v. StateSupreme Court of Alabama · 1877
- Thomas v. StateSupreme Court of Alabama · 1895
3Cited by22 opinions
- Bills v. StateCourt of Criminal Appeals of Alabama · 1973
- Jordan v. StateAlabama Court of Appeals · 1920
- Glover v. StateAlabama Court of Appeals · 1926
- Moore v. StateAlabama Court of Appeals · 1935
- Braxton v. StateAlabama Court of Appeals · 1919
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