Legal Opinion

Parker v. State

Supreme Court of Alabama

Decided June 15, 1864PublishedCited by 10 opinions

FROM the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. The prisoner in this case was indicted at the March term of said court, 1864, for the larceny of “ a cow, the personal property of Thomas Rowan,” which was alleged to be of the value of more than twenty dollars ; pleaded not guilty; was tried, convicted, and sentenced to four years’ imprisonment in the penitentiary.

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FROM the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. The prisoner in this case was indicted at the March term of said court, 1864, for the larceny of “ a cow, the personal property of Thomas Rowan,” which was alleged to be of the value of more than twenty dollars ; pleaded not guilty; was tried, convicted, and sentenced to four years’ imprisonment in the penitentiary. “ On the trial,” as the bill of exceptions states, “ the State proved, that the animal stolen was a heifer, betwen two and three years old, and had never had a calf; and that said animal w.as worth, at the…

1Opinion of the CourtStone, J.

Bank-notes, and paper issued to circulate as money, have some of the properties of money.—See Corbett v. The State, 31 Ala. 329. But it cannot be affirmed, as matter of law, that they are worth, in money, the amount which their face specifies.—See Carlisle v. Davis, 7 Ala. 42; Wilson v. Jones, 8 Ala. 536. Specie must be regarded as the standard of value in this country, and any other standard would not only violate principle, but would lead to the most embarrassing fluctuations and uncertainty. The charge asked, as to value, should have been given.

[2.] There is nothing in the objection that…

2Cases cited3 opinions

  1. Corbett v. StateSupreme Court of Alabama · 1858
  2. Carlisle v. DavisSupreme Court of Alabama · 1844
  3. Wilson v. JonesSupreme Court of Alabama · 1845

3Cited by10 opinions

  1. Marsh v. StateAlabama Court of Appeals · 1912
  2. Mathis v. StateSupreme Court of Florida · 1915
  3. Myers v. StateSupreme Court of Alabama · 1887
  4. Lavender v. StateSupreme Court of Alabama · 1877
  5. Smith v. StateAlabama Court of Appeals · 1941

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