Heygood v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. At the fall term, 1876, of the Circuit Court of Lowndes county, the defendant was indicted for the larceny of a part of an outstanding crop of corn, alleged to be the property of S. A. Satterwhite. The defendant pleaded, “ not guilty.”
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. James Q. Smith. At the fall term, 1876, of the Circuit Court of Lowndes county, the defendant was indicted for the larceny of a part of an outstanding crop of corn, alleged to be the property of S. A. Satterwhite. The defendant pleaded, “ not guilty.” It was proven that the defendant took and carried away a bushel of corn which grew, and was standing, on the plantation belonging to the estate of J. W. Cook, of which S. G. J ones' was the administrator. It was shown, also, that Jones did not live upon the premises, but resided in…
1Opinion of the Court
MANNING, J. —
The objection alleged to the proceedings in the cause is that the ownership of the property charged to have been stolen, is in the indictment ascribed to one Satterwhite, while the evidence shows that he was only superintendent, for another, of the premises from which it was taken.
A bailee or person who has a special property in a chattel, may be alleged in an indictment for the larceny of it, to be the owner, when it was taken from his posssession — but not a .servant. A servant’s possession is considered as that of the master or employer. The distinction though, between these…
2Cases cited2 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Hare v. FullerSupreme Court of Alabama · 1845
3Cited by13 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- State v. MyersSupreme Court of Missouri · 1884
- St. Louis, Iron Mountain & Southern Railway Co. v. YonleySupreme Court of Arkansas · 1890
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- State v. LawlerSupreme Court of Missouri · 1895
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