Gibbs v. State
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. The indictment under which the defendant Bristow Gibbs was tried and convicted originally contained two counts The first count charged the defendant with the larceny from a storehouse of ten pairs of shoes of the value of twenty dollars, the personal property of O. F. Moritz & Co. The second count of the complaint charged the defendant with buying, receiving or concealing or aiding in concealing…
Read the full summary
Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. The indictment under which the defendant Bristow Gibbs was tried and convicted originally contained two counts The first count charged the defendant with the larceny from a storehouse of ten pairs of shoes of the value of twenty dollars, the personal property of O. F. Moritz & Co. The second count of the complaint charged the defendant with buying, receiving or concealing or aiding in concealing ten pairs of shoes of the value of twenty dollars, the personal property of Moritz & Co., knowing that said property was…
1Opinion of the CourtDowdell, J.
With the consent of the court, the solicitor entered a nolle prosequi as to the first count of the indictment after demurrer for misjoinder interposed and before ruling on tbe demurrer. This was jiermissi-ble and consequently free from error.—Lacey v. State, 58 Ala. 385.
There was sufficient evidence from which, the jury might infer the ownership of the shoes stolen to be in the party alleged in the indictment, and, also, a sufficiency of evidence to authorize the inference of guilty knowledge on the part of the defendant.
The affirmative charge requested by the 'defendant Avas properly refused.
2Cases cited1 opinion
- Lacey v. StateSupreme Court of Alabama · 1877
3Cited by9 opinions
- Russell v. StateWyoming Supreme Court · 1978
- Wertheimer & Goldberg v. StateIndiana Supreme Court · 1929
- Roll v. DockerySupreme Court of Alabama · 1929
- Fulton v. StateAlabama Court of Appeals · 1913
- State v. BossartNorth Dakota Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.