Truett v. State
Alabama Court of Appeals
Appeal from Pike Law Court. Heard before Hon. T. L. Boiujm. Mitchell Truett was convicted of petit larceny, and he appeals.
Read the full summary
Appeal from Pike Law Court. Heard before Hon. T. L. Boiujm. Mitchell Truett was convicted of petit larceny, and he appeals. The witness Alex Johnson testified: ' That certain articles of jewelry were taken from his house about December 26, 1911, among them a gold shirt button, valued at abot $2. (This button was introduced and identified by witness as his.) That, at the time he missed the box with the jewelry in it, he and one Chancellor went out to look for tracks, and found a shoe track in the soft ground approaching the house, and traced it un•til it got to the yard, where it could not be…
1Opinion of the CourtPelham, J.
The defendant was convicted of petit larceny. The article stolen was a gold shirt button of the value of $2, the property of one Alex Johnson.
No exception is shown by the bill of exceptions to have been reserved, except to the action of the court in refusing to grant the defendant’s motion to exclude the evidence, and discharge the defendant, on the ground that the corpus delicti had not been proven. It is not indispensable to the proof of the corpus delicti that it should be proven by positive direct evidence. It may be proven by facts and circumstances from which the jury might legally…
2Cases cited1 opinion
- Ryan v. StateSupreme Court of Alabama · 1893
3Cited by4 opinions
- Smith v. StateAlabama Court of Appeals · 1918
- Stewart v. StateAlabama Court of Appeals · 1921
- McWhorter v. StateAlabama Court of Appeals · 1917
- Stewart v. StateAlabama Court of Appeals · 1921