Sims v. State
Supreme Court of Alabama
From the Circuit Court of Bulloch. Tried before the Hon. Jesse M. Carmichael. The defendant in this case was indicted for the larceny of a “bull yearling,” the property of Jeff. Furman.
Read the full summary
From the Circuit Court of Bulloch. Tried before the Hon. Jesse M. Carmichael. The defendant in this case was indicted for the larceny of a “bull yearling,” the property of Jeff. Furman. On the trial, the evidence showed that the defendant caught the yearling, one day in February, within two hundred yards of Furman’s house, and drove it along the public road to his own house, about two miles distant; that he kept it in a pen near the public road for about two weeks, and then killed it. Furman identified the animal as his by the hide, and the defendant claimed it as his own, having strayed from…
1Opinion of the Court
HARALSON, J.-
The question of the intent with wJiich the defendant took and carried away the yearling, wa$;not free from doubt, and was one of inference from the evidence, proper to be determined by the jury. There were conflicts in the evidence, — some tending to establish the case for the State,- — -and different inferences, as to the intent of the defendant in taking the animal, may be reasonably drawn from it. In such a case, the general charge in favor of the defendant, was properly refused.—Johnson v. The State, 73 Ala. 523; Bromley v. Birmingham Min. R. R. Co., 95 Ala. 397; 11 So. Eep.…
2Cases cited2 opinions
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Johnson v. StateSupreme Court of Alabama · 1883
3Cited by9 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- Autry v. StateAlabama Court of Appeals · 1949
- Reed v. StateAlabama Court of Appeals · 1945
- Dudley v. StateSupreme Court of Alabama · 1898
- Frost v. StateSupreme Court of Alabama · 1899
4 more not listed; retrieve them via the Exa API.