Joseph v. State
Alabama Court of Appeals
Appeal from Circuit Court, Baldwin County ; A. E. Gamble, Judge. Sam Joseph was convicted of the larceny of a heifer, and he appeals. The facts seem to be that Dick Earl was left in the possession of the heifer by Ed Cole, and that the heifer was lost, and was found in the possession of one Phillips, who testified that the defendant traded him the heifer for a steer.
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Appeal from Circuit Court, Baldwin County ; A. E. Gamble, Judge. Sam Joseph was convicted of the larceny of a heifer, and he appeals. The facts seem to be that Dick Earl was left in the possession of the heifer by Ed Cole, and that the heifer was lost, and was found in the possession of one Phillips, who testified that the defendant traded him the heifer for a steer. The defendant’s testimony tended to show that the heifer was in the mark of a brother-in-law of the defendant, who had left the country, leaving his stock in the possession of the defendant, and that the defendant traded the…
1Opinion of the CourtMerritt, J.
[1,2] The defendant was convicted for the larceny of a heifer, and sentenced to the penitentiary for a term of one year and one day. The only question raised is that the court erred in refusing to grant the defendant a new trial, his contention being that there was. not sufficient evidence to warrant a conviction; hence the question for us is whether there is a palpable failure of the evidence to support the verdict. Lyon v. McGowan, 156 Ala. 462, 47 South. 342.
This we cannot say was the case. The evidence, and some of the tendencies of the evidence offered by the state, if believed, were…
2Cases cited1 opinion
- Lyon v. McGowanSupreme Court of Alabama · 1908
3Cited by1 opinion
- Simmons v. StateAlabama Court of Appeals · 1930