Legal Opinion

Barber v. State

Supreme Court of Alabama

Decided June 15, 1859PublishedCited by 1 opinion

Fbom the Circuit Court of St. Clair. Tried before the Hop. William S. Mudd. The indictment in this case contained but a single count, and charged that the defendants, Gray Barber and Champ Barber, “ before the finding of this indictment, bought, received, concealed, or aided in the concealment of, a certain sorrel mare, the personal property of Israel Cottle, knowing such personal property to have been stolen, with the intent to injure or defraud; against the peace and…

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Fbom the Circuit Court of St. Clair. Tried before the Hop. William S. Mudd. The indictment in this case contained but a single count, and charged that the defendants, Gray Barber and Champ Barber, “ before the finding of this indictment, bought, received, concealed, or aided in the concealment of, a certain sorrel mare, the personal property of Israel Cottle, knowing such personal property to have been stolen, with the intent to injure or defraud; against the peace and dignity,”- &c. After conviction, the defendants moved in arrest of judgment, on the following grounds: “1st, because said…

1Opinion of the CourtStone, J.

Section 3182 of the Code declares, that “any person who receives or buys any horse, mare, gelding, foal, filly, ass or mule, that has been feloniously taken or stolen, knowing that the same has been so taken or stolen,” must, on conviction, be imprisoned in the penitentiary, not less than three, nor more than seven years. Code, § 3180.

By section 3178, it is provided that “any person who buys, receives, conceals, or aids in the concealment of any personal property other than slaves, or deed, conveyance, or other writing specified in section 3176, knowing such personal property to have been…

2Cases cited4 opinions

  1. Nabors v. StateSupreme Court of Alabama · 1844
  2. Murray v. StateSupreme Court of Alabama · 1851
  3. Williams v. StateSupreme Court of Alabama · 1849
  4. Ham v. StateSupreme Court of Alabama · 1850

3Cited by1 opinion

  1. Turner v. StateSupreme Court of Alabama · 1866

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