Corbett v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before the TIou. C. W. Rapier. The prisoner was indicted for the larceny of a “ one-dollar bill of the Bank of East Tennessee, of the value of one dollar, and a ten-dollar bill of the Bank of Middle Tennessee, of the value of ten dollars;” alleged to have been the personal property of one 'William W. Sjialding, and to have been stolen from a storehouse.
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From the Circuit Court of Perry. Tried before the TIou. C. W. Rapier. The prisoner was indicted for the larceny of a “ one-dollar bill of the Bank of East Tennessee, of the value of one dollar, and a ten-dollar bill of the Bank of Middle Tennessee, of the value of ten dollars;” alleged to have been the personal property of one 'William W. Sjialding, and to have been stolen from a storehouse. The rulings of the court on the trial are thus stated in the bill of exceptions: “ The State introduced William W. Spalding as a witness, who testified, in substance, that about the 1st April, 1857, he…
1Opinion of the CourtStone, J.
— In Culp v. The State, 1 Porter, 33, it was declared, “that at common law, a abose in action is not the subject of larceny.” In the same case it was said, that bank-notes were not within the purview of the act of 1807, which provided for the punishment of larceny of promissory notes. It was not in terms said that bank-bills are not personal property, but that was the effect of the decision. Thornton, J., who delivered the opinion of the court, offered neither argument nor authority in support of it..
Under the rules of the common law, it will be remembered, that only personal goods can be tbe…
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