Wade v. State
Alabama Court of Appeals
Appeal from Clarke Circuit Court. Heard before Hon. Ben G. Turner. Pink Wade and Spencer Overstreet were convicted of crime, and they appeal. The evidence for the state tended to show that the warehouse of one Ivy Pittman had been broken into, and that there was a box in the warehouse which was broken open and there was a good big hole in the box, and a vacant space in the box that looked like where the goods had been taken out.
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Appeal from Clarke Circuit Court. Heard before Hon. Ben G. Turner. Pink Wade and Spencer Overstreet were convicted of crime, and they appeal. The evidence for the state tended to show that the warehouse of one Ivy Pittman had been broken into, and that there was a box in the warehouse which was broken open and there was a good big hole in the box, and a vacant space in the box that looked like where the goods had been taken out. Another witness testified that he saw the box on Sunday afternoon in the warehouse, which was marked to Mr. Pittman, and that it had not then been opened, but was…
1Opinion of the CourtPelham, P. J.
Defendants were tried under an indictment charging burglary, grand larceny, and receiving or concealing stolen property of a value in excess of $25.(1) There was no direct proof that the property named in the indictment had ever been in the possession of the alleged owner. In the absence of any legal proof showing or tending to show this fact, the defendants were entitled to the affirmative charge as to the counts charging larceny and receiving or concealing stolen property.—Smith v. State, 133 Ala. 145, 151, 31 South. 806, 91 Am. St. Rep. 21.(2) The defendants requested several charges, each…
2Cases cited5 opinions
- Smith v. StateSupreme Court of Alabama · 1901
- Dorsey v. StateSupreme Court of Alabama · 1901
- Donahoo v. TarrantAlabama Court of Appeals · 1911
- Central of Georgia Ry. Co. v. CoursonSupreme Court of Alabama · 1914
- Angle v. StateAlabama Court of Appeals · 1914
3Cited by5 opinions
- Lowe v. StateAlabama Court of Appeals · 1945
- Cable-Burton Piano Co. v. ThomasSupreme Court of Alabama · 1934
- Richardson v. StateAlabama Court of Appeals · 1940
- City of Anniston v. DoddAlabama Court of Appeals · 1926
- Ledbetter v. StateAlabama Court of Appeals · 1931