Legal Opinion

Gregg v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 7 opinions

Eeom the Circuit Court of "Wilcox. Tried before tbe Hon. JOHN K. Henky. Tbe indictment in tbis case contained but a single count, which charged tbat tbe defendant, Tony Gregg, “ feloniously took and carried away fifty ears of corn, a part of an outstanding crop of corn, tbe property of Joe Ezell and Mrs. Patsy McConnell.”

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Eeom the Circuit Court of "Wilcox. Tried before tbe Hon. JOHN K. Henky. Tbe indictment in tbis case contained but a single count, which charged tbat tbe defendant, Tony Gregg, “ feloniously took and carried away fifty ears of corn, a part of an outstanding crop of corn, tbe property of Joe Ezell and Mrs. Patsy McConnell.” Tbe jury returned a verdict of “guilty of petit larceny,” assessing tbe value of tbe stolen corn at twenty-five cents, and imposing a fine of one hundred dollars. Tbe defendant moved in arrest of judgment, and to be discharged notwithstanding tbe verdict, because tbe…

1Opinion of the Court

STONE, J. —

Under the act to amend section 3706 of the Bevised Code of Alabama (Pamph. Acts of 1874-5, p. 259), several articles and chattels are numerated, the larceny of which is made a felony, without any reference to their value; and then there is added this clause: “ and any person who steals any personal property, other than that hereinbefore enumerated, exceeding twenty-five dollars in value, is guilty of grand larceny.” The stealing of any of the enumerated articles is made grand larceny per se, no matter what may be the value of the article stolen. In fact, as to the articles named,…

2Cases cited4 opinions

  1. Bell & Murray v. StateSupreme Court of Alabama · 1872
  2. Yarborough v. StateSupreme Court of Alabama · 1868
  3. Sheppard v. StateSupreme Court of Alabama · 1868
  4. Gabriel v. StateSupreme Court of Alabama · 1867

3Cited by7 opinions

  1. Connolly v. StateCourt of Criminal Appeals of Alabama · 1988
  2. Newsom v. StateSupreme Court of Alabama · 1894
  3. Johnson v. StateSupreme Court of Alabama · 1893
  4. McDowell v. StateSupreme Court of Alabama · 1878
  5. Bonham v. StateSupreme Court of Alabama · 1880

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