Bonham v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. The indictment in this case was found at the November term of the court, 1880, and charged that the defendant, Isaac Bonham, “ feloniously took and carried away one peck of corn, the same being part of the outstanding crop of corn, the property of Charles (?) Kennedy.”
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. The indictment in this case was found at the November term of the court, 1880, and charged that the defendant, Isaac Bonham, “ feloniously took and carried away one peck of corn, the same being part of the outstanding crop of corn, the property of Charles (?) Kennedy.” On the trial, as the bill of exceptions recites, “ the defendant having pleaded not guilty, the following proceedings were had: George (?) Kennedy, the person alleged in the indictment to be the owner of the corn, testified that he rented the land on…
1Opinion of the CourtStone, J.
— The criminating evidence in this case locates the act charged as a larceny, in October. Having introduced evidence of that particular act, the prosecution would be held to have elected to try the accused on that particular charge, and would not be allowed to shift the ground, and claim a conviction for another and distinct act. — Peacher v. The State, 61 Ala. 22. When the defendant, on cross-examination of the prosecuting witness, proved other acts of a similar character, committed by the defendant in July and August preceding, this did not authorize him to prove hÍ3 own declarations, made…
2Cases cited10 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Spivey v. StateSupreme Court of Alabama · 1855
- Kirksey v. FikeSupreme Court of Alabama · 1856
- Taylor v. StateSupreme Court of Alabama · 1868
- Morningstar v. StateSupreme Court of Alabama · 1876
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3Cited by4 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- State v. ParkerUtah Supreme Court · 1943
- Russell v. StateSupreme Court of Alabama · 1929
- Reed v. StateSupreme Court of Alabama · 1946