Wolf v. State
Supreme Court of Alabama
From the Circuit Court of Morgan. Tried before tbe Hon. Wi. B. Wood. Tee indictment in tbis case was found on tbe 19tb October, 1866, and charged, tbat tbe defendant, “ Anderson Wolf, feloniously took and carried away a bog, tbe personal property of Lawson Wildman, of tbe value of seven dollars.”
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From the Circuit Court of Morgan. Tried before tbe Hon. Wi. B. Wood. Tee indictment in tbis case was found on tbe 19tb October, 1866, and charged, tbat tbe defendant, “ Anderson Wolf, feloniously took and carried away a bog, tbe personal property of Lawson Wildman, of tbe value of seven dollars.” On tbe trial, at tbe March term, 1867, on issue joined on tbe plea of not guilty, the defendant reserved tbe following bill of exceptions : “ On tbe trial of this cause, tbe prosecuting attorney introduced witnesses, and proved tbe following facts : In tbe fall of 1865, about an hour before sundown…
1Opinion of the CourtByrd, J.
The indictment is predicated on section 3174 of the Code, which declares, that “ any person, who commits the crime of larceny, by stealing any personal property, not exceeding twenty dollars, is guilty of petty larceny,” &c. This leaves the offense, as to its ingredients, except the value of the property, the same as at common law. As a general rule, an attempt to commit a misdemean- or, is a misdemeanor; and section 3301 of the Code prescribes the mode and measure of punishment.—1 Bishop’s Criminal Law, § 683 (520); The State v. Murphy, 6 Ala. 765. On an indictment for a misdemeanor, a…
2Cases cited2 opinions
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