Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided January 15, 1872PublishedCited by 3 opinions

Appeal from City Court of Montgomery. Tried before Hon. John D. Cunningham. Appellant was indicted, tried and convicted for the larceny of a horse, the property of John Murray, On the trial, Murray, in his direct examination, testified that the horse was in the habit of grazing near his stable and coming up regularly every night; that in the month of August, 1870, the horse was missing, and “continued missing, and did not come up at night for some eight days that a few days…

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Appeal from City Court of Montgomery. Tried before Hon. John D. Cunningham. Appellant was indicted, tried and convicted for the larceny of a horse, the property of John Murray, On the trial, Murray, in his direct examination, testified that the horse was in the habit of grazing near his stable and coming up regularly every night; that in the month of August, 1870, the horse was missing, and “continued missing, and did not come up at night for some eight days that a few days after this he went to Benton, and there met a constable who pointed out defendant, who was then in jail, to witness,…

1Opinion of the CourtPeters, J.

This is an appeal from a judgment of conviction in the city court of Montgomery, in a criminal case, upon a charge of horse stealing. The accused, Andrew Johnson, was found guilty of grand larceny, and sentenced to perform hard labor for the county of Montgomery for the term of three years, beginning on the 17th day of July, 1871. From this conviction and judgment he appeals to this court.

There is a bill of exceptions in the record, and an assignment of numerous errors; but in such an appeal, it is the duty of this court to examine the whole record, “ and render such judgment on the record as…

2Cases cited4 opinions

  1. Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
  2. Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
  3. Beverly v. StephensSupreme Court of Alabama · 1850
  4. Brazier v. StateSupreme Court of Alabama · 1870

3Cited by3 opinions

  1. State v. BaldwinSupreme Court of Kansas · 1886
  2. Mason v. StateIndiana Supreme Court · 1908
  3. Kerr v. StateOhio Supreme Court · 1881

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