Evans v. State

STAKELY, Justice.

“ ‘Proof of a charge, in criminal causes, involves the proof of two distinct propositions : First, that the act itself was done; and, secondly, that it was done by the person charged * * *. In other words, proof of the corpus delicti and of the identity of the prisoner.’ ” Sanders v. State, 167 Ala. 85, 88, 52 So. 417, 418, 28 L.R.A.,N.S., 536.

We interpret the opinion of the Court of Appeals as finding that the corpus delicti was proven independent of any evidence relating to recent possession by the defendant of the cow, the subject of the larceny. Since this is so,…