McGehee v. State
Supreme Court of Alabama
Atpbal from the Circuit Court of Coffee. Tried before Hon. H. D. Clayton. The appellants, Ed. McGehee and Tod Hutchinson, were charged with “wilfully and maliciously committing a trespass on the lands of one John S. Wilson, by severing from the freehold produce thereof, to-wit: six water-melons, under such circumstances as would render the trespass a larceny, if the six water-melons so severed and carried away had been personal property,” &c.
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Atpbal from the Circuit Court of Coffee. Tried before Hon. H. D. Clayton. The appellants, Ed. McGehee and Tod Hutchinson, were charged with “wilfully and maliciously committing a trespass on the lands of one John S. Wilson, by severing from the freehold produce thereof, to-wit: six water-melons, under such circumstances as would render the trespass a larceny, if the six water-melons so severed and carried away had been personal property,” &c. The evidence produced on the trial was, that “some time in October, 1876, Ed. McGehee went into prosecutor’s field and pulled a water-melon from the…
1Opinion of the CourtStone, J.
If it had been averred in this indictment that the two defendants had committed separate and distinct offenses, at different times — neither being present or participating in the offense of the other — a demurrer to the indictment would have lain, notwithstanding the two offenses charged are identical in character. This, on the well defined ground, that on such trial, it would be necessary to offer proof of two independent transactions; thus producing inextricable confusion of the minds of the jurors. — Elliot v. The State, 26 Ala. 78; Lindsey v. The State, 48 Ala. 169.
On like principles, if…
2Cases cited6 opinions
- Henry v. StateSupreme Court of Alabama · 1859
- McCauley v. StateSupreme Court of Alabama · 1855
- Elliott v. StateSupreme Court of Alabama · 1855
- Lindsey v. StateSupreme Court of Alabama · 1872
- State v. KrepsSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Johnson v. StateSupreme Court of Alabama · 1893
- State v. LehmanSupreme Court of Missouri · 1904
- Thomas v. StateSupreme Court of Alabama · 1895
- Horn v. StateAlabama Court of Appeals · 1928
- Townsend v. StateSupreme Court of Alabama · 1902
15 more not listed; retrieve them via the Exa API.