King v. State
Alabama Court of Appeals
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. James King was convicted of larceny, and appeals. The facts sufficiently appear.
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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. James King was convicted of larceny, and appeals. The facts sufficiently appear. The oral charge of .the court excepted to is as follows : “The state, in answer to that part of defendant’s contention,, says that, although he may have taken the property, that ox, and may have attempted to give the notices as required by the stock law, and sold it, or attempted to sell it, he committed larceny, in that the felonious intent 'arose after he had gotten possession of it. In other words, the state says, contends, that this…
1Opinion of the CourtBrown, J.
The question of controlling importance is: Can one who distrains cattle damage feasant be convicted of larceny on showing an intent to convert the property and deprive the owner of the use after it comes into his possession ?
“At common law, where cattle trespassed upon the lands of another, the landowner was permitted to distrain the cattle thus damage feasant till their owner should make him satisfaction.”— 2 Cyc. 400 (e) ; Richardson v. Carr, 1 Har. (Del.) 142, 25 Am. Dec. 65; Bonner v. DeLoach, 78 Ga. 50, 2 S. E. 546; 3 Blackstone’s Comm. 211.
And under the statute in force in Monroe…
2Cases cited12 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
- Snider v. BurksSupreme Court of Alabama · 1887
- Holbrook v. StateSupreme Court of Alabama · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sweeney v. StateAlabama Court of Appeals · 1932
- Reynolds v. StateSupreme Court of Alabama · 1943
- Brown v. WelchSupreme Court of Alabama · 1923
- Fox v. StateSupreme Court of Alabama · 1920
- Meadows v. StateAlabama Court of Appeals · 1952
4 more not listed; retrieve them via the Exa API.