Legal Opinion

Pickett v. State

Alabama Court of Appeals

Decided September 7, 1916Published

Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Maulty Pickett was convicted of the larceny of a heifer and. he appeals.

1Opinion of the CourtBrown, J.

The indictment charges that the defendant “feloniously took and carried away a heifer, the personal property of Aaron Ellis.” Aaron Ellis was examined as a witness, and positively testified that the heifer belonged to his wife, and there is no evidence showing that the heifer was in his possession as bailee or agent of the wife. At the conclusion of the evidence-the defendant requested the affirmative charge in his behalf, which was refused. In this we find reversible error. Under the enabling statutes of this state, the title of a married woman to her personal property is-absolute and…

2Cases cited4 opinions

  1. Waters v. StateSupreme Court of Alabama · 1897
  2. Morningstar v. StateSupreme Court of Alabama · 1875
  3. Rollins v. StateSupreme Court of Alabama · 1893
  4. Young v. StateSupreme Court of Alabama · 1893

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