Legal Opinion

Heath v. State

Alabama Court of Appeals

Decided March 3, 1942No. 7 Div. 588PublishedCited by 20 opinions

1Opinion of the Court

SIMPSON, Judge.

This appeal is from a conviction of grand larceny. Subject of the theft was a quantity of lumber, stolen from the lumber shed of Montevallo Lumber Company. A day or two later, the defendant was found in possession of the property. Explanation of his possession thereof was that he had purchased it, the night before its discovery, from an' unknown party.

On a trial for larceny, the corpus delicti having been established, the unexplained possession by the defendant of the recently stolen property is a fact from which the jury may infer his guilt. The onus of explaining this…

2Cases cited7 opinions

  1. McDowell v. StateSupreme Court of Alabama · 1939
  2. Bryant v. StateSupreme Court of Alabama · 1897
  3. Davis v. StateAlabama Court of Appeals · 1940
  4. Adams v. StateAlabama Court of Appeals · 1940
  5. Brock v. ShirleyAlabama Court of Appeals · 1940

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Moore v. StateCourt of Criminal Appeals of Alabama · 1974
  2. Buckles v. StateSupreme Court of Alabama · 1972
  3. Clark v. StateCourt of Criminal Appeals of Alabama · 1975
  4. Klemmer v. StateCourt of Criminal Appeals of Alabama · 1973
  5. Langley v. StateAlabama Court of Appeals · 1945

15 more not listed; retrieve them via the Exa API.

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