State v. McFarland
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. A. D. Sayre. Robert McFarland was arrested on a complaint charging him with larceny from the person, of a gold watch of the value of $10.00. On preliminary hearing had before the recorder of the City of Montgomery, he was bound over to the City Court ,of Montgomery to answer an indictment for grand larceny.
Read the full summary
Appeal from the City Court of Montgomery. Tried before Hon. A. D. Sayre. Robert McFarland was arrested on a complaint charging him with larceny from the person, of a gold watch of the value of $10.00. On preliminary hearing had before the recorder of the City of Montgomery, he was bound over to the City Court ,of Montgomery to answer an indictment for grand larceny. He was indicted for larceny from the person, of one gold watch of the value of $8.00; and on the trial under this indictment he was convicted of petit larceny, and judgment was rendered against him. He moved for arrest of judgment…
1Opinion of the Court
■ HARALSON, J.
— The Code, section 5049 (3789), provides among other things, that “any person * • * * who steals any personal property of the value of five dollars or more, from the person of another, * * * ’is guilty of grand larceny, etc.”
The defendant was proceeded against, on affidavit and writ of arrest for the violation of this section of the Code. Tt appears, when carried before the recorder for trial, he was tried for this offense and for no other. He did not attempt to show that he was not guilty of the offensé charged, by proving that he did not take the watch from the person of the…
2Cases cited10 opinions
- Gunter v. StateSupreme Court of Alabama · 1887
- Stone v. StateSupreme Court of Alabama · 1896
- Morrisette v. StateSupreme Court of Alabama · 1884
- Kendall v. StateSupreme Court of Alabama · 1880
- Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- City of Birmingham v. WillsSupreme Court of Alabama · 1912
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Noel v. StateSupreme Court of Alabama · 1909
- State v. BarnesNorth Dakota Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.