Johnson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington'. Appellant was tried and convicted, under an indictment which alleged : ‘‘ The grand jury of said county charge, that before the finding of this indictment, Eugene Johnson feloniously took and carried away two bushels of corn, part of an outstanding crop of corn, the property of Cornelia Merriwether,” etc.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington'. Appellant was tried and convicted, under an indictment which alleged : ‘‘ The grand jury of said county charge, that before the finding of this indictment, Eugene Johnson feloniously took and carried away two bushels of corn, part of an outstanding crop of corn, the property of Cornelia Merriwether,” etc. The evidence introduced on the part of the State, tended to show, that within twelve months before the finding of the indictment, the defendant feloniously took and carried away five ears of corn from an…
1Opinion of the CourtHaralson, J.
1. When this case was here, on another appeal, the ownership of the corn alleged to have been stolen was laid in W. T. Merriwether, and on substantially the same evidence as that presented in this record; the court held that the ownership was improperly laid in him, but should have been laid in Mrs. Merriwether.—Johnson v. State, 13 So. Rep. 377.
We adhere to our former ruling, and hold that the ownership was properly laid in Mrs. Merriwether. The statement of Mr. Merriwether, that the corn was his, was the mere expression of an opinion, accompanied by a statement of the facts on which he…
2Cases cited9 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Bowdon v. StateSupreme Court of Alabama · 1890
- McNeil v. StateSupreme Court of Alabama · 1872
- Cooper v. StateSupreme Court of Alabama · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Webb v. StateCourt of Criminal Appeals of Alabama · 1988
- McAlpine v. StateSupreme Court of Alabama · 1897
- Denton v. StateSupreme Court of Alabama · 1955
- Watts v. StateSupreme Court of Alabama · 1920
9 more not listed; retrieve them via the Exa API.