MacKlin v. State

The indictment in this case charged the appellant with feloniously taking and carrying away “from a dwelling house” certain articles.

Due exception was reserved to the following portion of the trial court’s oral charge to the jury: “If it (the property in question) was not taken from the house, dut from the premises somewhere, (italics ours) in order to be grand larceny it would have to be the value of at least $25.00.”

Upon reconsideration of this case, we have reached the conclusion that under the holding of our Supreme Court in the case of Driver et al. v. State, 206 Ala. 195, 89 So. 504,…