Jones v. State
Supreme Court of Alabama
Writ of Error to .the Circuit Court of Dallas. Before the Hon. E. Pickens. The plaintiff in error was indicted in the circuit court of Dallas county, for the larceny of a pistol, charged in the indictment to be the property of one Ashley W, Speight, and of the value of fifteen dollars. At the fall term of said circuit court, 1847, the prisoner was arraigned, and pleaded not guilty to the indictment.
Read the full summary
Writ of Error to .the Circuit Court of Dallas. Before the Hon. E. Pickens. The plaintiff in error was indicted in the circuit court of Dallas county, for the larceny of a pistol, charged in the indictment to be the property of one Ashley W, Speight, and of the value of fifteen dollars. At the fall term of said circuit court, 1847, the prisoner was arraigned, and pleaded not guilty to the indictment. Thereupon came a jury, who re« turned a verdict of guilty, but did not in their finding, assess the value of the pistol. Upon the trial, a bill of exceptions was taken at the instance of the…
1Opinion of the CourtChilton, J.
1. The first question proposed for our consideration is, whether the facts as stated in the bill of exceptions, show such property in the pistol, in Speight, as will sustain the indictment, and render the qualification given by the court, in connection with the first charge prayed for by the prisoner’s counsel, proper ? It is laid down in the books generally, that where the delivery of goods is made for a certain special and particular purpose, the possession is still supposed to reside, unparted with, in the first proprietor. See 1 Hawk. P. C. c. 33, § 9; 2 Russ. 107. The distinction is…
2Cited by27 opinions
- Huey R. Lee v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1967
- State v. HarrisonWest Virginia Supreme Court · 1892
- Youtsey v. United StatesCourt of Appeals for the Sixth Circuit · 1899
- Hawie v. StateMississippi Supreme Court · 1919
- People v. . McElvaineNew York Court of Appeals · 1891
22 more not listed; retrieve them via the Exa API.