White v. State
Alabama Court of Appeals
Larceny. Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Ernest White was convicted of larceny and he appeals. The case was submitted on motion of the attorney general to dismiss the appeal, and on the merits.
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Larceny. Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Ernest White was convicted of larceny and he appeals. The case was submitted on motion of the attorney general to dismiss the appeal, and on the merits. The proof did not correspond with the allegation as to the ownership of the property. — Fowler v. The State, 100 Ala. 90. Counsel discuss the rulings on the evidence with the insistence that error prejudicial to the defendant was committed, but they cite no authority in support thereof. Counsel insist that the appeal should be dismissed because not filed in time as…
1Opinion
ON THE MERITS.
The indictment on which the appellant was tried charges grand larceny, and is against appellant and four other persons charged jointly with him. The appellant was granted a severance from the others,' and, the offense, charged being of a class that, may be committed by one person without aid or assistance of others— in other words, the offense being several as well as joint —it was not necessary to the defendant’s conviction,. *163and no burden rested upon tlie state, to sIioav that those jointly indicted with the defendant on trial participated •in the commission of the…
2Cases cited20 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- McAnally v. StateSupreme Court of Alabama · 1883
- Pope v. StateSupreme Court of Alabama · 1911
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Lacey v. StateAlabama Court of Appeals · 1915
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