Phelps v. State
Alabama Court of Appeals
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Watkins Phelps was convicted of grand larceny, and he appeals. . The evidence of the night watchman was that he was on watch for the Virginia-Carolina Chemical Company on the night of March 21, 1912, and that he was in the office about 12 o’clock that night, talking to a person, and that he left the office and started on his rounds, and met the defendant at the end of the building coming towards the office,…
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Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Watkins Phelps was convicted of grand larceny, and he appeals. . The evidence of the night watchman was that he was on watch for the Virginia-Carolina Chemical Company on the night of March 21, 1912, and that he was in the office about 12 o’clock that night, talking to a person, and that he left the office and started on his rounds, and met the defendant at the end of the building coming towards the office, and he asked the defendant, “Who is that?” and he answered, “This is Watkins,” and he then asked the defendant what he…
1Opinion of the CourtPelham, J.
The oral charge of the court, taken as a whole, is correct, and was not calculated to mislead the jury, or prejudice the rights of the defendant. That part of the oral charge of the court to -which an exception was reserved is free from error. In effect, the court *60charged in this portion of its oral charge that if the dominion assumed over the property alleged to have been stolen is complete, and the accused has assumed actual custody and control, and there has been an actual asportation by the accused party, it makes no difference, so far as these essential elements going to constitute the…
2Cases cited1 opinion
- Thompson v. StateSupreme Court of Alabama · 1891
3Cited by12 opinions
- Blakeney v. StateSupreme Court of Alabama · 1943
- Johnson v. StateAlabama Court of Appeals · 1961
- Ingram v. StateCourt of Criminal Appeals of Alabama · 1978
- Klemmer v. StateCourt of Criminal Appeals of Alabama · 1973
- McMurphy v. StateCourt of Criminal Appeals of Alabama · 1978
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