Higgs v. State
Supreme Court of Alabama
Indictment for Grand Larceny. Appeal from the Circuit Court of Barbour. The appellants, Amos Higgs and Will Tyler, were tried. and convicted under the following indictment: ‘ ‘The grand jury charge that before the finding of this indictment, that Amos Higgs and Will Tyler, alias ‘Big Nigger,’ and Will Davis, feloniously took and carried away from the person of Allen Goolsby, two dimes of the silver currency of the United States, of the value of twenty cents, and two nickels…
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Indictment for Grand Larceny. Appeal from the Circuit Court of Barbour. The appellants, Amos Higgs and Will Tyler, were tried. and convicted under the following indictment: ‘ ‘The grand jury charge that before the finding of this indictment, that Amos Higgs and Will Tyler, alias ‘Big Nigger,’ and Will Davis, feloniously took and carried away from the person of Allen Goolsby, two dimes of the silver currency of the United States, of the value of twenty cents, and two nickels of the nickel currency of the United States, of the value of ten cents, all being of the aggregate value of thirty…
1Opinion of the CourtColeman, J.
The defendants were convicted of larceny from the person, which by statute is made a felony. The case was appealed to revise the ruling of the court, in refusing an instruction requested by the defendants. The proposition of law asserted in the charge is, that there can be no larceny from the person, “unless the property is forcibly or secretly taken from the person.” Neither force nor secrecy are necessary elements of larceny. Every robbery of the person in-*38eludes larceny, and if the indictment is properly framed, the party may be convicted of larceny under an indictment for robbery. To…
2Cases cited2 opinions
- Morris v. StateSupreme Court of Alabama · 1892
- Allen v. StateSupreme Court of Alabama · 1877
3Cited by19 opinions
- Farzley v. StateSupreme Court of Alabama · 1935
- Jones v. StateCourt of Criminal Appeals of Alabama · 1975
- Henderson v. StateSupreme Court of Alabama · 1911
- McKinney v. StateAlabama Court of Appeals · 1915
- Moulden v. StateCourt of Criminal Appeals of Alabama · 1972
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