Stringer v. State
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. Tlie appellant was indicted, tried and convicted for the larceny of money from the person of T. P. Scar-brough.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. Tlie appellant was indicted, tried and convicted for the larceny of money from the person of T. P. Scar-brough. Among the charges requested by the defendant, to the refusal to give each of which he separately excepted, was the general affirmative charge in his behalf. cited Johnson v. State, 59 Ala. 39; Bolling v. State, 98 Ala. 82; Fuller v. State, 48 Ala. 273; Matthews v. State, 55 Ala. 187; Oriffvn v. State, 76 Ala. 29; Moses v. State, 88 Ala. 78.
1Opinion of the CourtTyson, J.
The offense alleged against the defendant and for which he was tried and convicted was a felony. — § 5049 of Code. The only evidence offered by the State tending to incriminate him was the possession of the money charged to have been stolen and certain accusations made against him in his presence that he committed the larceny as alleged in the indictment, which he denied. There was no proof, independent of that afforded by this evidence, of the corpus delicti. On the authority of Smith v. The State, 133 Ala. 145, and Matthews v. The State, 55 Ala. 187, we are constrained to hold that this…
2Cases cited2 opinions
- Matthews v. StateSupreme Court of Alabama · 1876
- Smith v. StateSupreme Court of Alabama · 1901
3Cited by2 opinions
- McCullars v. StateSupreme Court of Alabama · 1922
- Johnson v. StateSupreme Court of Alabama · 1904