Lucas v. State
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. The appellant, Matt Lucas, was convicted of tbe larceny of a horse. One Jones, a witness for the State, testified that he was in Eockford, Coosa county, Alabama, and early in the morning saw the defendant ride into that place on a fine mare ; that he suspected the horse was stolen, and he asked defendant where he was going, to which defendant replied that he was going to Col.
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Appeal from Talladega Circuit Court. Tried before Hon. John Henderson. The appellant, Matt Lucas, was convicted of tbe larceny of a horse. One Jones, a witness for the State, testified that he was in Eockford, Coosa county, Alabama, and early in the morning saw the defendant ride into that place on a fine mare ; that he suspected the horse was stolen, and he asked defendant where he was going, to which defendant replied that he was going to Col. Glidden’s Iron Works in Talladega county. Witness remarked that they could go together to Talladega, and in company with one Watt he and defendant…
1Opinion of the CourtStone, J.
The controlling inquiry in this case, as presented by the record, is, the county in which the trade was made. One witness testifies it took place in Talladega county, the other in Coosa. This raised a question for decision by the jury. If the trade was made in Coosa, and Jones took possession of the horse, under the trade, in that county, then the horse was under his control, although it was agreed the defendant should accompany him to the town of Talladega, to be there paid the residue of the purchase price. On the other hand, if only a temporary exchange of horses took place in Coosa…
2Cited by4 opinions
- Milam v. StateSupreme Court of Alabama · 1940
- Whizenant v. StateSupreme Court of Alabama · 1882
- Peaper v. StateCourt of Special Appeals of Maryland · 1972
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