Gardner v. State
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Joe Gardner was convicted of grand larceny, and appeals. Counsel insist that the judgment is not sufficient to show that defendant appeared in open court, but they cite no authority.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Joe Gardner was convicted of grand larceny, and appeals. Counsel insist that the judgment is not sufficient to show that defendant appeared in open court, but they cite no authority. The charge set out in the opinion should have been given. 131 Ala. 10, 31 South. 569; 130 Ala. 99, 30 South. 394. The court erred in permitting it to be shown that defendant was seen going around through the crowd, stealing money, or attempting to do so. 83 Ala. 46, 3 South. 305 ; 39 Ala. 253, 84 Am. Dec. 782. A question should not call for the conclusion…
1Opinion of the CourtMerritt, J.
[1] The defendant was indicted, tried, and convicted upon a charge of grand larceny. The evidence was to the effect that Mr. Johnson left home early one morning to attend a circus in Albany, Ala., and that shortly after leaving home he had occasion to make some change, and knew that he had a $10 bill, two $5 bills, some $1 bills, and other money in his right-hand pants pocket. He did not spend the money, and he also had some money in his left-hand pants pocket. He first missed the money out of his right pocket, on the show grounds, about 10 o’clock in the morning, about one minute and a half…
2Cases cited20 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Ingram v. StateSupreme Court of Alabama · 1864
- Mason & Franklin v. StateSupreme Court of Alabama · 1868
- Downey v. StateSupreme Court of Alabama · 1896
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wilkins v. StateAlabama Court of Appeals · 1940
- Williams v. StateCourt of Criminal Appeals of Alabama · 1984
- Ivy v. MarxSupreme Court of Alabama · 1920
- Hunt v. StateCourt of Criminal Appeals of Alabama · 1994
- Windom v. StateAlabama Court of Appeals · 1922
18 more not listed; retrieve them via the Exa API.