Crocheron v. State
Supreme Court of Alabama
From the Circuit Court of Marengo. Tried before the Hon. Wi. E. Clarke. The defendant in this case, Lewis Crocheron, was indicted for the larceny of a mule, the property of Newton Marx; and was convicted under the charge of the' court.
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From the Circuit Court of Marengo. Tried before the Hon. Wi. E. Clarke. The defendant in this case, Lewis Crocheron, was indicted for the larceny of a mule, the property of Newton Marx; and was convicted under the charge of the' court. On the trial, as the-bill of exceptions states, said Marx testified, on the part of the State, that he employed the defendant on his place, during the year 1887, “to perform the ordinary service of a farm hand; that the defendant, as such, did plow, feed, and generally use the mule alleged to have been stolen; that one day during said year, before the finding…
1Opinion of the CourtSomerville, J.
The conviction of the defendant for larceny was proper under the circumstances. The prosecutor had parted only with the custody of the mule, as distinguished from the possession, which was still in him as owner, although the defendant had the custody of the animal as mere employee or servant. It has often been decided, and is now settled law, that goods in the bare charge or custody of a servant are legally in the possession of the master, and the servant may be guilty of trespass and larceny by the fraudulent conversion of such goods to his own use. — Oxford v. State, 33 Ala. 416; 2 Bish.…
2Cases cited2 opinions
- Watson v. StateSupreme Court of Alabama · 1881
- Oxford v. StateSupreme Court of Alabama · 1859
3Cited by13 opinions
- Beckham v. StateSupreme Court of Alabama · 1893
- Jackson v. StateAlabama Court of Appeals · 1947
- Jackson v. StateAlabama Court of Appeals · 1912
- Jones v. StateSupreme Court of Alabama · 1908
- Home Ins. Co. of New York v. TrammellSupreme Court of Alabama · 1935
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