Bailey v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Jas. E. Cobb. Defendant, William Bailey, was indicted at the spring term, 1877, of said court, for larceny, the indictment being in the usual form.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Jas. E. Cobb. Defendant, William Bailey, was indicted at the spring term, 1877, of said court, for larceny, the indictment being in the usual form. The State introduced as a witness the prosecutor, one G. Puller, who testified that he was indebted to defendant in the sum of two dollars, and upon going to pay said debt, and intending to pay only the two dollars, he paid defendant two 'bills; that the room where he paid defendant was rather dark, it being cloudy without, and he could not see distinctly, and he made a mistake and…
1Opinion of the CourtStone, J.
Larceny is the felonious taking and carrying away of the personal goods of another. To constitute larceny under the undisputed facts of' this case, the defendant must have known, at_the very time he received the m,o.ney, that he was receiving too much, and more than Was intended for him, and must then have intended to * convert the money to his own use. This would constitute the taking such a fraud, as would amount to larceny. — Rountree v. The State, 58 Ala. 381.
On the other hand, if the testimony, and circumstances fail to establish the facts and intent as above supposed, with such full…
2Cases cited3 opinions
- Spivey v. StateSupreme Court of Alabama · 1855
- Rountree v. StateSupreme Court of Alabama · 1877
- State v. WareSupreme Court of Alabama · 1846
3Cited by8 opinions
- United States v. James Hugh RogersCourt of Appeals for the Fourth Circuit · 1961
- Levy v. StateSupreme Court of Alabama · 1885
- Sapp v. StateSupreme Court of Florida · 1946
- Murphy v. PeopleIllinois Supreme Court · 1882
- Ludlum v. StateAlabama Court of Appeals · 1915
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