Bonner v. State
Supreme Court of Alabama
Appeal from the Wilcox Comity Court. Tried before the Hon. James T. Beck. The appellant ivas indicted, tried and convicted for the larceny of two bushels of corn. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Wilcox Comity Court. Tried before the Hon. James T. Beck. The appellant ivas indicted, tried and convicted for the larceny of two bushels of corn. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.) “The court charges the .jury that if they find from the evidence that the taking of the corn by defendant was open, in presence of Mr. Garner, and talked with Mr.…
1Opinion of the CourtSharpe, J.
It is the animo furancU that .in general distinguishes larceny from trespass da bonis asportatis. Oases occur where the talcing, though wrongful, amounts only to a trespass, as where it is done openly, in the presence of the owner or other persons but without felonious intent. Such intent, however, may exist without the element of secrecy which usually characterizes the offense; and in cases of this character, unless the evidence be such that no inference of felonious intent can be drawn from it, the existence of such intent is for the determination of the jury and not for the court. —…
2Cases cited7 opinions
- Talbert v. StateSupreme Court of Alabama · 1898
- McMullen v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1883
- Green v. StateSupreme Court of Alabama · 1881
- Rountree v. StateSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McKinney v. StateAlabama Court of Appeals · 1915
- Reed v. StateAlabama Court of Appeals · 1945
- Higginbotham v. StateCourt of Criminal Appeals of Alabama · 1975
- Thompson v. StateSupreme Court of Alabama · 1907
- Jackson v. StateSupreme Court of Alabama · 1902