Watson v. State
Supreme Court of Alabama
Fbom tbe Circuit Court of Baldwin. Tried before the Hon. H. T. Toulmin. The indictment in this case charged, that the defendant “feloniously took and carried away a steer, the personal property of Mary O’Neal.” The defendant pleaded not guilty, but was found guilty by the verdict, of the jury, and sentenced to imprisonment in the penitentiary for the term of two years.
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Fbom tbe Circuit Court of Baldwin. Tried before the Hon. H. T. Toulmin. The indictment in this case charged, that the defendant “feloniously took and carried away a steer, the personal property of Mary O’Neal.” The defendant pleaded not guilty, but was found guilty by the verdict, of the jury, and sentenced to imprisonment in the penitentiary for the term of two years. He moved in arrest of judgment, on the ground that the offense charged in the indictment, if any, was only petit larceny; but the court overruled the motion. This is the only point here presented for revision.
1Opinion of the Court
BRICKELL, C. J. —
The statute approved February 20, 1875, amendatory of section 3706 of the Revised Code, converts the stealing of certain animals, and among others a “ cow, or animal of the cow kind,” into grand larceny, punishable on conviction by imprisonment in the penitentiary, or hard labor for the county. The first question raised in the present case is, .whether a steer is an “ animal of the coto kind,” within the meaning of this statute. We entertain no doubt that the statute was intended to embrace (and such is the popular signification of the words) every animal which is the…
2Cases cited1 opinion
- Parker v. StateSupreme Court of Alabama · 1864
3Cited by5 opinions
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- Johnson v. StateAlabama Court of Appeals · 1915
- Ribghy v. StateAlabama Court of Appeals · 1958