Yorty v. State
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard, before Hou. James E. Blackwood. . A. J. Yorty was convicted of grand larceny, and be appeals. Defendant was convicted of stealing a cow of the value of $10. The following charges were, refused, to defendant: (1) The court charges the jury that, if after a full consideration of all the evidence the guilt of defendant is not proven, to a moral certainty, then the jury must find defendant not guilty.
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Appeal from St. Clair Circuit Court. Heard, before Hou. James E. Blackwood. . A. J. Yorty was convicted of grand larceny, and be appeals. Defendant was convicted of stealing a cow of the value of $10. The following charges were, refused, to defendant: (1) The court charges the jury that, if after a full consideration of all the evidence the guilt of defendant is not proven, to a moral certainty, then the jury must find defendant not guilty. (2) The court charges the jury that, unless they are satisfied from the evidence beyond all reasonable doubt that the hide of the about 18-month-old…
1Opinion of the CourtPelham, J.
The indictment in this case upon which the defendant was tried charged him with grand larceny, and the verdict was a general verdict of guilty as charged in the indictment, assessing the value of the animal stolen at $10. The judgment of guilt entered by the court following this verdict of the jury adjudged the defendant guilty of “an assault and battery as charged in the indictment,” but the sentence imposed by the court was imprisonment in the penitentiary for a period of three years for the “offense of grand larceny in accordance with the verdict of the jury.”
After the defendant had taken…
2Cases cited5 opinions
- Griffin v. StateSupreme Court of Alabama · 1907
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Phillips v. StateSupreme Court of Alabama · 1909
- Pappot v. HowardSupreme Court of Alabama · 1908
- Palmer v. StateAlabama Court of Appeals · 1911
3Cited by3 opinions
- Stovall v. StateAlabama Court of Appeals · 1949
- Williams v. StateAlabama Court of Appeals · 1948
- Ex Parte HutchinsonSupreme Court of Alabama · 1956