McCall v. State
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Tried before Hon John MoOre. At the fall term, 1881, of said court, the appellant was indicted for the larceny of a part of an outstanding crop of corn, alleged in one count to be the property of John Streety, and in another, to be the property of John Miller.
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Appeal from Lowndes Circuit Court. Tried before Hon John MoOre. At the fall term, 1881, of said court, the appellant was indicted for the larceny of a part of an outstanding crop of corn, alleged in one count to be the property of John Streety, and in another, to be the property of John Miller. The evidence introduced on the trial tended to show, that the appellant, in the fall of 1881, prior to the finding of the indictment, took and carried away from a field a part of an outstanding crop of corn, under circumstances evidencing a felonious intent; but that the crop of corn grown in said…
1Opinion of the CourtSomeryille, J.
The evidence shows that the defendant was a tenant in common of the outstanding corn crop, a portion of which he is charged with stealing. Upon the authority of Holcombe v. The State, ante 218, and of Collier & Son v. Faulke & Martin, ante 58, construing sections 3474 and 3475 -of the present Code, the judgment of the Circuit Court must be reversed. And in as much as the facts disclosed fail to show that the defendant is guilty of any crime, either statutory or known to the common law, the cause will not be remanded, but an order will be entered here discharging him from further legal custody.
2Cases cited1 opinion
- Harris v. StateSupreme Court of Alabama · 1877
3Cited by1 opinion
- Adams v. StateSupreme Court of Alabama · 1888