Roberts & Williams v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. John A. Minnis. The appellants, Prudy Roberts and Mahala Williams, were convicted of grand larceny, for the felonious taking and carrying away of “ 32 yards of blue silk, 30 yards of black silk, 78 yards of black silk, 40 yards of blue silk strip, 13 yards of blue and gold boeretts, of the value of more than two hundred dollars, the personal property of M. P. LeGrand, against the peace,” &c.
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Appeal from Montgomery City Court. Tried before Hon. John A. Minnis. The appellants, Prudy Roberts and Mahala Williams, were convicted of grand larceny, for the felonious taking and carrying away of “ 32 yards of blue silk, 30 yards of black silk, 78 yards of black silk, 40 yards of blue silk strip, 13 yards of blue and gold boeretts, of the value of more than two hundred dollars, the personal property of M. P. LeGrand, against the peace,” &c. M. P. LeGrand was a merchant engaged in the dry goods business, and had had among his stock of goods such articles as were described in the indictment,…
1Opinion of the CourtStone, J.
To justify a conviction in this case, it was essential that the jury should have been convinced beyond a reasonable doubt that the goods alleged to have been stolen had been feloniously taken and carried away. This necessarily implies that they had not been sold by any person authorized to sell them; and, of this negative fact, the jury must inquire, before the principle could be invoked or applied, that goods recently stolen, found in the possession of the accused, casts on him the duty of explaining how they came into his possession. But, as we have said, this is a negative fact, and it is…
2Cases cited3 opinions
- Harrington v. StateSupreme Court of Alabama · 1860
- Tompkins v. StateSupreme Court of Alabama · 1858
- McWilliams v. RodgersSupreme Court of Alabama · 1876
3Cited by6 opinions
- Martin v. StateSupreme Court of Alabama · 1899
- George v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Mason v. StateIndiana Supreme Court · 1908
- State v. CardelliNevada Supreme Court · 1886
- Coppler v. StateCourt of Criminal Appeals of Oklahoma · 1931
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