Burney v. State
Supreme Court of Alabama
Ebom the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case contained two counts, the first of which alleged that the defendant, Wes.
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Ebom the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The indictment in this case contained two counts, the first of which alleged that the defendant, Wes. Burney, “did l’eceive, conceal, or aid in concealing two hundred dollars in gold coin of the United States, the personal property of James D. Sikes, knowing that it was stolen, and not having the intent to restore it to the owner;” and the second, that he “feloniously took and carried away two hundred dollars, the personal property of James D. Sikes.” The defendant pleaded not guilty, without objection to the indictment.…
1Opinion of the CourtStone, C. J.
Defendant was indicted under section 3784, Code of 1886, for receiving and concealing stolen money, knowing it to be stolen, and “not having the intent to restore it to the owner.” The money was alleged to have been stolen from Sikes,'about Christmas, 1887. An accomplice was the witness by whom the most important criminating facts were proved. Another witness, Coskrey, was examined, with a view of corroborating the testimony of this accomplice. He testified that, about the time of the larceny, he, the witness, was at Mr. Sikes’ mother’s, about fifty yards from Mr. Sikes’ back gate, and heard…
2Cases cited3 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- State v. MurphySupreme Court of Alabama · 1844
- Du Bois v. StateSupreme Court of Alabama · 1874
3Cited by20 opinions
- Verberg v. StateSupreme Court of Alabama · 1902
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1979
- Leonard v. StateSupreme Court of Alabama · 1896
- Smothers v. StateAlabama Court of Appeals · 1954
- Shubert v. StateCourt of Criminal Appeals of Alabama · 1986
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