La Vaul v. State
Supreme Court of Alabama
From the Circuit Court of Madison. Tried before the Hon. W. J. Haralson. The indictment in this case, which was found on the 11th March, 1866, charged that, before the finding thereof, “Walter LaYafil feloniously took and carried [away] a horse mule, the property of William T. Medley, of the value of more than one hundred dollars; against the peace,” &c.
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From the Circuit Court of Madison. Tried before the Hon. W. J. Haralson. The indictment in this case, which was found on the 11th March, 1866, charged that, before the finding thereof, “Walter LaYafil feloniously took and carried [away] a horse mule, the property of William T. Medley, of the value of more than one hundred dollars; against the peace,” &c. “On the trial,” as the bill of exceptions states, “the State introduced W. T. Medley as a witness, who proved, that he lived in Warren county, Tennessee; that in February, 1866, he owned a large, brown horse mule; that said mule was there…
1Opinion of the CourtJudge, J.
The indictment in this case is in the usual form for the larceny of a mule, averred to be “over the value of one hundred dollars. ” The only evidence as to the larceny was, that the mule had been stolen in the State of Tennessee, and was found in the possession of the prisoner in the county of Madison, shortly after the offense had been committed. Section 3138 of the Code provides, that this offense shall be punished in the same manner, and to the same extent, as if the property thus brought into, had been stolen in the State; and the main question to be determined is, whether the prisoner…
2Cases cited4 opinions
- State v. SeaySupreme Court of Alabama · 1830
- Murray v. StateSupreme Court of Alabama · 1851
- Williams v. StateSupreme Court of Alabama · 1849
- Ham v. StateSupreme Court of Alabama · 1850
3Cited by4 opinions
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Peaper v. StateCourt of Special Appeals of Maryland · 1972
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1970
- State v. MathewsTennessee Supreme Court · 1889