Ragland v. State
Alabama Court of Appeals
Appeal from City Court of Talladega; Marion H. Sims, Judge. John Ragland was convicted of larceny, and he appeals. The first count appears. The second count charges that John Ragland feloniously took and carried away 1,000 pounds of seed cotton, the personal property of Mark AVyatt, of the value of 4 cents a pound. The third count is for the receiving or concealing stolen goods.
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Appeal from City Court of Talladega; Marion H. Sims, Judge. John Ragland was convicted of larceny, and he appeals. The first count appears. The second count charges that John Ragland feloniously took and carried away 1,000 pounds of seed cotton, the personal property of Mark AVyatt, of the value of 4 cents a pound. The third count is for the receiving or concealing stolen goods. The following charges are mentioned in the complaint: (13) “The court charges the jury that if they believe the evidence in this case, they must acquit defendant under count 1.” (14) Same as to count 3. The defense…
1Opinion of the CourtBroavn, P. J.
[1] The first count of the indictment charges that the defendant “feloniously took and carried away from a storehouse, warehouse, or shop, to wit one thous- and pounds of seed cotton, of the value of, to wit, four (4) cents per pound, the personal property of Mark AVyatt.” The appellant contends that the court erroneously refused the affirmative charge as to this count, because there is no evidence that the building from which the evidence tends to show the cotton was taken was a “warehouse.” The descriptive allegations as to the building are in the alternative, and the state was not confined…
2Cases cited4 opinions
- Carter v. FulghamSupreme Court of Alabama · 1901
- Dorsey v. StateSupreme Court of Alabama · 1901
- Jefferson v. StateSupreme Court of Alabama · 1893
- Samples v. StateAlabama Court of Appeals · 1917
3Cited by1 opinion
- Ragland v. StateAlabama Court of Appeals · 1917