Hubbard v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant was indicted, tried and convicted of grand larceny, for stealing a hog, and sentenced to the penitentiary for three years.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. The appellant was indicted, tried and convicted of grand larceny, for stealing a hog, and sentenced to the penitentiary for three years. N. F. Dunning, introduced as a witness for the State, testified, among other things, that upon losing a hog, he and one Dannelly Avent to the defendant’s house, and after the said Danelly telling the defendant that Dunning had lost a hog, and they believed that he had stolen it, and had come to search for it, they proceeded to search the defendant’s house, without any objection on the…
1Opinion of the CourtMcOLELLAN, J.
The trial court did not err in re* ceiving evidence of the fact that when Dunning and others, who were looking for the property alleged to have been stolen, proposed to search the defendant’s corn crib, which was locked, the defendant said the key had been lost or mislaid. It was shown that, although none of the party had a search warrant, the defendant made no objection to his residence being searched, nor, after this, to his crib being entered, by removing a plank from the door, and searched. The fact in question, therefore, that he said — whether falsely or not is not made to appear — that…
2Cases cited1 opinion
- Murdock v. StateSupreme Court of Alabama · 1881
3Cited by1 opinion
- State v. GoldstrohmWest Virginia Supreme Court · 1919