Martin v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant was indicted jointly with his wife, Julia Martin, for the larceny of $G00, and for receiving $600, knowing it was stolen, and not having the intent to restore it to the owner. On the trial of the defendants jointly, the said Julia Martin was convicted of the larceny, and the appellant in this case was convicted of receiving the money, knowing it to be stolen.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant was indicted jointly with his wife, Julia Martin, for the larceny of $G00, and for receiving $600, knowing it was stolen, and not having the intent to restore it to the owner. On the trial of the defendants jointly, the said Julia Martin was convicted of the larceny, and the appellant in this case was convicted of receiving the money, knowing it to be stolen. The evidence for the State tended to show that Julia Martin, the co-defendant of the appellant, his wife, stole from Mr. and Mrs. Thomas McDonald…
1Opinion of the CourtBrickell, C. J.
1. The condition of the defendant and his family, whatever it may have been, prior or subsequent to the larceny, unconnected with other evidence, would not have been relevant and admissible; from that condition, as a separate, distinct fact, no reasonable presumption or inference could be drawn as to his guilt or innocence. — 2 Bish. Crim. Proc., §748. The larceny, that the money of the prosecutor had been stolen, there was evidence tending to prove. There was also evidence having a tendency to fix upon the wife of' the defendant, the stealing of the money, which was a considerable sum, and…
2Cases cited9 opinions
- Malachi v. StateSupreme Court of Alabama · 1889
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- People v. . WeldonNew York Court of Appeals · 1888
- Goldstein v. . People of the State of N.Y.New York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Parsons v. StateSupreme Court of Alabama · 1948
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Jordan v. StateAlabama Court of Appeals · 1920
- Coats v. StateSupreme Court of Alabama · 1952
- Buckles v. StateSupreme Court of Alabama · 1972
26 more not listed; retrieve them via the Exa API.