Boswell v. State
Alabama Court of Appeals
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Elijah Boswell was convicted of grand larceny, and he appeals. • The evidence tended to show that prosecuting witness lost about $75 in a. confidence game, in which he, the defendant, and one Fitten were engaged; that defendant picked up a pocketbook in the streets, and that Fitten accosted the prosecuting witness, calling his attention to the fact that Boswell had picked up a pocketbook, and calling Boswell back…
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Elijah Boswell was convicted of grand larceny, and he appeals. • The evidence tended to show that prosecuting witness lost about $75 in a. confidence game, in which he, the defendant, and one Fitten were engaged; that defendant picked up a pocketbook in the streets, and that Fitten accosted the prosecuting witness, calling his attention to the fact that Boswell had picked up a pocketbook, and calling Boswell back to tell him that they saw him, whereupon Boswell offered to divide, saying there was a small amount in the pocketbook,…
1Opinion of the CourtPelham, J.
The indictment in this case jointly charged defendant and Louis Fitten with grand larceny. A severance was granted, and the defendant tried separately. The evidence on the part of the state tended to show that the defendant, while with Louis Fitten, by means of subterfuge or trickery, procured from the prosecuting witness $75 to be put with a sum of money fictitiously claimed to have been found by him; the total amount to be subsequently divided among the parties. *181The defendant denied the transaction, and introduced proof setting up an alibi.
The question asked the prosecuting witness,…
2Cases cited8 opinions
- McAnally v. StateSupreme Court of Alabama · 1883
- Holbrook v. StateSupreme Court of Alabama · 1894
- Hunter v. StateSupreme Court of Alabama · 1895
- Levy v. StateSupreme Court of Alabama · 1885
- Eggleston v. StateSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Patterson v. StateSupreme Court of Alabama · 1918
- Reynolds v. StateAlabama Court of Appeals · 1943
- Reynolds v. StateSupreme Court of Alabama · 1943
- King v. StateAlabama Court of Appeals · 1916
- Murchison v. StateAlabama Court of Appeals · 1946
4 more not listed; retrieve them via the Exa API.