Ward v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. E. Moulton. The indictment in this case, charged that the defendant “ feloniously took and carried away a dóg, the personal property of Patrick O’Brien, of the value of twenty-five dollars,” against the peace, &c. He went to trial on plea of not guilty, and was convicted. The taking by the defendant was proved, but the evidence was conflicting as to whether it was a felonious taking.
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Appeal from the City Court of Mobile. Tried before Hon. C. E. Moulton. The indictment in this case, charged that the defendant “ feloniously took and carried away a dóg, the personal property of Patrick O’Brien, of the value of twenty-five dollars,” against the peace, &c. He went to trial on plea of not guilty, and was convicted. The taking by the defendant was proved, but the evidence was conflicting as to whether it was a felonious taking. The owner of the property testified that the dog was worth $25. The defendant, among other charges, requested the following : “ A dog is not the subject…
1Opinion of the CourtPeck, C. J.
The appellant was indicted in the city court of Mobile for stealing a dog, convicted and sentenced to be imprisoned for the period of thirty days in the common jail of said county. On the trial, the appellant requested the court to charge the jury that a dog was not the subject of larceny in this State, and that he could not be convicted under said indictment. This charge the court refused to give, and he excepted. Other questions are made in the bill of exceptions, but it is unnecessary to consider them, as we hold the charge asked and refused, as above stated, should have been given.
The…
2Cases cited1 opinion
- Parker v. MiseSupreme Court of Alabama · 1855
3Cited by11 opinions
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
- Hamby v. SamsonSupreme Court of Iowa · 1898
- Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1934
- Kershaw v. McKownAlabama Court of Appeals · 1915
- Louisville & Nashville Railroad v. FitzpatrickSupreme Court of Alabama · 1900
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