Frazier v. State
Supreme Court of Alabama
From the Circuit Court of Wilcox. Tried before the Hon. John Moose. The defendant in this case was indicted for the larceny of a hog, the property of W. B. Sheffield.
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From the Circuit Court of Wilcox. Tried before the Hon. John Moose. The defendant in this case was indicted for the larceny of a hog, the property of W. B. Sheffield. On the trial, as appears from the bill of exceptions, issue having been joined on the plea of not guilty, said W. B. Sheffield thus testified on the part of the State: “In the latter part of January, 1888, the defendant, in company with Doss Dumas and one or two others, came to the house of witness about dark, and told him they had, on that evening, found one of his hogs killed in the Dees field, designating the place. Witness…
1Opinion of the CourtClopton, J.
— It has been held that to shoot and then chase a hog with felonious intent, over which the defendant was prevented from acquiring dominion, is not a sufficient caption and asportation to constitute larceny.— Wolf v. State, 41 Ala. 412. On the other hand, a charge has been held to be correct, which instructed the jury, that if the defendant shot and killed, and then took hold of the hog, and cut its throat, this would constitute a taking and carrying away in the meaning of the law. — Croom v. State, 71 Ala. 14. It is said generally that, to constitute the offense, there must be a wrongful…
2Cases cited3 opinions
- Croom v. StateSupreme Court of Alabama · 1881
- Wolf v. StateSupreme Court of Alabama · 1868
- State v. . WilkersonSupreme Court of North Carolina · 1875
3Cited by16 opinions
- Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
- Milam v. StateSupreme Court of Alabama · 1940
- Molton v. StateSupreme Court of Alabama · 1894
- McIntosh v. StateNebraska Supreme Court · 1920
- Kemp v. StateSupreme Court of Alabama · 1889
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