Higdon v. State
Alabama Court of Appeals
Appeal, from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Thomas W. Higdon was convicted of grand larceny, and he appeals. The tendencies of the evidence are sufficiently set out in the opinion.
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Appeal, from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Thomas W. Higdon was convicted of grand larceny, and he appeals. The tendencies of the evidence are sufficiently set out in the opinion. Charges 1, 2, 3, 5, 6, and 7 assert in effect that Gass & Whitsell lost a mill belt of a certain description, and Higdon had a mill belt of a certain description, and if the jury reasonably believes that the . belt in evidence is the one lost by Gass & Whitsell, and if from the evidence the jury reasonably believes that tbe belt that Higdon had was burned in a gristmill bouse, tbe…
1Opinion of the Court
de GRAFFENRIED, J.
The evidence for tbe state tended to show that W. C. Gass and F. A. Whitsell were sawmill men, and that they were in tbe possession of and used at their sawmill a rubber belt exceeding $25 in value; that said belt was stolen from their mill and was later found in possession of defendant; and that when so found in bis possession be made certain explanations with reference to bis possession of it tending to show that be bad stolen it. The evidence for the defendant, on tbe other band, tended to show that be *176was also a millman, and that the mill belt identified by some of the…
2Cases cited2 opinions
- Fowler v. StateSupreme Court of Alabama · 1893
- Skains v. StateSupreme Court of Alabama · 1852
3Cited by2 opinions
- Riggens v. StateAlabama Court of Appeals · 1968
- Howell v. StateAlabama Court of Appeals · 1935