Thompson v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. Indictment for larceny from the person. The opinion states the material facts. Charge No. 1, asked and refused, was in these words: “The jury must believe, beyond a reasonable doubt, that the defendant'got the money into his hand, or actual possession of it, before they can convict him of larceny.’ cited Edmunds v. State, 70 Ala. 8; Groom v. State, 71 Ala. 14; Frazier v. State, 85 Ala. 19; Eng. & Amer.
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From the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. Indictment for larceny from the person. The opinion states the material facts. Charge No. 1, asked and refused, was in these words: “The jury must believe, beyond a reasonable doubt, that the defendant'got the money into his hand, or actual possession of it, before they can convict him of larceny.’ cited Edmunds v. State, 70 Ala. 8; Groom v. State, 71 Ala. 14; Frazier v. State, 85 Ala. 19; Eng. & Amer. Encyc. Law, 760, 763.
1Opinion of the Court
’WALKER, J.
— The witness for the State testified that he held out his open hand with two silver dollars therein, showing the money to the defendant; that the defendant struck witness’ hand, and the money was either knocked out of his hand or was taken by the defendant, he could not tell positively which. It was after twelve o’clock at night, and the witness did not see the money, either in defendant’s possession or on the ground. The court charged the jury: “If the jury find from the evidence that the defendant, with a felonious intent, grabbed for the money, but did not get it, but only…
2Cases cited4 opinions
- Croom v. StateSupreme Court of Alabama · 1881
- Frazier v. StateSupreme Court of Alabama · 1887
- Edmonds v. StateSupreme Court of Alabama · 1881
- Wolf v. StateSupreme Court of Alabama · 1868
3Cited by5 opinions
- Blakeney v. StateSupreme Court of Alabama · 1943
- Molton v. StateSupreme Court of Alabama · 1894
- Phelps v. StateAlabama Court of Appeals · 1912
- Scott v. StateCourt of Criminal Appeals of Alabama · 1981
- Scott v. StateCourt of Criminal Appeals of Alabama · 1981