Littlejohn v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lowndes County. Hon. James M. Arnold, Judge. At the trial of the appellant, under an indictment for grand larceny the State introduced testimony to the effect that, on a rainy night a cow was stolen by two men, one of whom, walking with a half-soled shoe, led her by a rope, and the other rode behind and drove her; that by the tracks in the road, the animal was traced to a butcher’s pen ; that the appellant’s boy was found here, and the owner…
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Appeal from the Circuit Court of Lowndes County. Hon. James M. Arnold, Judge. At the trial of the appellant, under an indictment for grand larceny the State introduced testimony to the effect that, on a rainy night a cow was stolen by two men, one of whom, walking with a half-soled shoe, led her by a rope, and the other rode behind and drove her; that by the tracks in the road, the animal was traced to a butcher’s pen ; that the appellant’s boy was found here, and the owner of the animal called on the appellant, who, before anything else was said, remarked, “ I am glad you found your cow, I…
1Opinion of the Court · ChalmersChalmers, C. J.
This case must be reversed because of the error of the court in refusing to grant the fourth instruction asked by the defendant. By it the court were asked to inform the jury, that, if property alleged to be stolen is shown to have been taken openly and in the presence of the owner or other persons, “ this carries with it evidence that it is only a trespass.” This was a correct statement of law (McDaniel v. State, 8 S. & M. 401), and there was testimony in the case which warranted it. True, it was the testimony of the accused alone, and it was contradicted by the persons in whose presence he…
Also in this document: Opinion of the Court · Chalmers.
2Cases cited5 opinions
- McMullen v. StateSupreme Court of Alabama · 1875
- McDaniel v. StateMississippi Supreme Court · 1872
- Long v. FloridaSupreme Court of Florida · 1867
- Hart v. StateIndiana Supreme Court · 1877
- Hamilton v. StateMississippi Supreme Court · 1872
3Cited by7 opinions
- Pearson v. StateMississippi Supreme Court · 1963
- Vance Drummer v. State of MississippiMississippi Supreme Court · 2015
- Williams v. StateMississippi Supreme Court · 1975
- Lawson v. StateMississippi Supreme Court · 1931
- Lewis v. StateMississippi Supreme Court · 1971
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