Barney v. State
Alabama Court of Appeals
Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Len Barney was convicted of larceny, and he appeals. It appears from- the facts that on a Sunday morning in October, 1910, the defendant was working as a driver in the livery stable of J. B. Miller, and drove Mr. Kitchens from Ashland to Lineville; that Mr. Kitchens handed the overcoat to the negro upon his arrival at Line-ville, with the request tha.t he carry it to Kitchens’ home in Ashland; that he agreed to…
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Appeal from Clay County Court. Heard before Hon. E. J. Garrison. Len Barney was convicted of larceny, and he appeals. It appears from- the facts that on a Sunday morning in October, 1910, the defendant was working as a driver in the livery stable of J. B. Miller, and drove Mr. Kitchens from Ashland to Lineville; that Mr. Kitchens handed the overcoat to the negro upon his arrival at Line-ville, with the request tha.t he carry it to Kitchens’ home in Ashland; that he agreed to dó so, took the coat but did not deliver it; and that Kitchens had not seen the coat, since that time. The evidence for…
1Opinion of the Court
de GRAFFENRIED, J. —
The prosecution in ' this case was commenced more than 60 days after the commission of the alleged offense. The affidavit was made before a justice of the peace, and as section 7348 of the Code provides that prosecutions before a justice of the peace for offenses within his jurisdiction, unless otherwise provided, must be commenced within 60 days after the commission of the offense, the justice made the warrant returnable to the county court of Clay county. In making the warrant returnable to the county court of Clay county, the justice of the peace complied with the law.…
2Cases cited7 opinions
- Clarke v. StateSupreme Court of Alabama · 1885
- Childress v. StateSupreme Court of Alabama · 1888
- Ragsdale v. StateSupreme Court of Alabama · 1901
- Holbrook v. StateSupreme Court of Alabama · 1894
- Oxford v. StateSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- York v. StateAlabama Court of Appeals · 1948
- Gills v. StateAlabama Court of Appeals · 1950
- Jackson v. StateAlabama Court of Appeals · 1947
- Stokes v. StateCourt of Criminal Appeals of Alabama · 1979
- Shewbart v. StateAlabama Court of Appeals · 1947
5 more not listed; retrieve them via the Exa API.