Legal Opinion · Dissent

Scott v. State

Court of Criminal Appeals of Alabama

Decided October 27, 1981No. 6 Div. 20Published

1DissentDeCARLO, Judge

The majority opinion holds that the appellant’s possession was “imperfect” and his control was “qualified.” It states that the appellant’s possession was never “perfected” and he never gained control of the register. In Thompson v. State, 94 Ala. 535, 10 So. 520 (1891), the Supreme Court of Alabama defined larceny as:

“[A] felonious taking and carrying away of personal property. There must be such a caption that the accused acquires dominion over the property, followed by such an asportation or carrying away as to supersede the possession of the owner for an appreciable period of time.”…

2Cases cited4 opinions

  1. Johnson v. StateAlabama Court of Appeals · 1961
  2. Phelps v. StateAlabama Court of Appeals · 1912
  3. Tucker v. StateCourt of Criminal Appeals of Alabama · 1973
  4. Thompson v. StateSupreme Court of Alabama · 1891

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