Tinney v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Gkeene. The appellant was indicted, tried and convicted for the larceny of two hogs, which were alleged to have been the property of one Crawford Herring.
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Appeal from the Criminal Court of Jefferson. Tried before the Hon. Samuel E. Gkeene. The appellant was indicted, tried and convicted for the larceny of two hogs, which were alleged to have been the property of one Crawford Herring. The defendant filed several pleas, in which he set up that prior to the finding of the indictment, Crawford Herring had instituted an action of detinue againt the defendant for the recovery of the hogs, and that this action of detinue had been decided in favor of the defendant. Demurrers to these pleas were sustained; and issue was joined on the plea of the general…
1Opinion of the CourtMcOLELLAN, J.
While it was not in terms preved that the offense charged in the indictment was committed, if at all, in Jefferson county, there was evidence from which the jury might well have so inferred. ' The general charge requested by the defendant, on the theory that no evidence of venue had been adduced, was, therefore, properly refused.
The proceedings and judgments before the justice of the peace and, on appeal, in the circuit court in the action of detinue prosecuted by Herring, in whom property is laid by the indictment here, against Tinney, were matters inter alios acta, and foreign to the issues…
2Cited by23 opinions
- Dolvin v. StateCourt of Criminal Appeals of Alabama · 1979
- Davis v. StateAlabama Court of Appeals · 1913
- Moore v. StateAlabama Court of Appeals · 1942
- Tanner v. StateAlabama Court of Appeals · 1953
- McMickens v. StateAlabama Court of Appeals · 1917
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