Molton v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for the larceny of a hog, and sentenced to the penitentiary for three years.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. The appellant was indicted, tried and convicted for the larceny of a hog, and sentenced to the penitentiary for three years. The State introduced one William Taylor, as a witness, who testified that on February 6, 1894, (the trial being at the October term 1894), he missed a hog belonging to him, and that on going to look for it he came to a thicket whence the defendant came ; that defendant picked up a gun lying near by, and after advancing towards the witness spoke to him, and then walked away; that he, the…
1Opinion of the CourtBrickell, C. J.
The indictment is founded on the statute (Or. Code, § 3789), which declares the larceny of a hog, and of other domestic animals therein enumerated, a felony, without regard to the value of the animal. On the trial the court instructed the jury in these words : “If a man shoots the hog of another with the intent to steal it, and kills the hog, and.takes possession of it, he is guilty of larceny ; or if he gets near enough to the hog to exercise dominion and control over it, after the killing, with the intent to steal it, he is guilty of larceny thereof.” An exception was reserved to the…
2Cases cited6 opinions
- Croom v. StateSupreme Court of Alabama · 1881
- Frazier v. StateSupreme Court of Alabama · 1887
- Edmonds v. StateSupreme Court of Alabama · 1881
- State v. . AlexanderSupreme Court of North Carolina · 1876
- Wolf v. StateSupreme Court of Alabama · 1868
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3Cited by24 opinions
- Blakeney v. StateSupreme Court of Alabama · 1943
- Johnson v. StateAlabama Court of Appeals · 1961
- Driggers v. StateSupreme Court of Florida · 1928
- Carey v. State Ex Rel. AlmonSupreme Court of Alabama · 1921
- United States v. SeiversUnited States Court of Military Appeals · 1979
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