Vandegrift v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. John Yandegrift was convicted of grand larceny, and appeals. Tlie appellant Avas indicted, jointly with another, for tlie felonious taking of a Avatcb of the value of $150, the property of John Betro. The evidence for the state tended to sIioav that the witness thought the least present value of the watch was $50, although he did not knoAV the market value of the Avatch.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. John Yandegrift was convicted of grand larceny, and appeals. Tlie appellant Avas indicted, jointly with another, for tlie felonious taking of a Avatcb of the value of $150, the property of John Betro. The evidence for the state tended to sIioav that the witness thought the least present value of the watch was $50, although he did not knoAV the market value of the Avatch. Another witness said that, without knowing the market value of the watch, in. her opinion it was worth $150. This is practically all the evidence in regard to the…
1Opinion of the CourtMoCLELLAN, J.
The appellánt was convicted of grand larceny, and his reliance for a reversal of the judgment, on which he insists, is that there was no legal testimony adduced from which the jury were Avar ranted in finding the value of the property alleged to have been taken to be over $25. The proAdsion of section 5049 relative to the value of the subject of the larceny is for the purpose of distinguishing the greater from the less offense — grand from petit larceny. It is not an element of the corpus delicti in the strict sense of the term, but is important in determining the grade of the offense, and…
2Cases cited3 opinions
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Cohen v. StateSupreme Court of Alabama · 1874
- Parker v. StateSupreme Court of Alabama · 1895
3Cited by8 opinions
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- Tanner v. StateAlabama Court of Appeals · 1953
- Midland Valley R. Co. v. EzellSupreme Court of Oklahoma · 1913
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1976
- Bell v. StateCourt of Criminal Appeals of Alabama · 1978
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