Field v. Ireland
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. MoKiNSTRY. The declaration, which is for malicious prosecution, contains two counts. Tbe first, alleging that the plaintiff in error charged the defendant in error with having feloniously stolen goods and chattels, of a greater value than twenty dollars, from him, and upon such charge procured a warrant, upon which he was arrested, &c.
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Error to the City Court of Mobile. Tried before the Hon. Alex. MoKiNSTRY. The declaration, which is for malicious prosecution, contains two counts. Tbe first, alleging that the plaintiff in error charged the defendant in error with having feloniously stolen goods and chattels, of a greater value than twenty dollars, from him, and upon such charge procured a warrant, upon which he was arrested, &c. The second count alleges a charge of felony, and the arrest of the defendant in error on that charge, his discharge, &c. On the trial, it was proved that the plaintiff in error made an affidavit…
1Opinion of the CourtGoldthwaite, J.
— If a person makes a charge against another, that he is in possession' of stolen goods, we do not think it necessarily amounts to a charge of larceny, if the possessor fails satisfactorily to account for his possession. That the possession of stolen goods may, under certain circumstances, create the presumption of larceny in the possessor, is undeniable; but when, as in this case, words are used which negative the idea that any particular person was intended to be charged with the stealing, it cannot be converted into a charge of larceny by the failure of the possessor to account for his…
2Cases cited1 opinion
- Gold v. BissellNew York Supreme Court · 1828
3Cited by7 opinions
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
- People v. MirbelleAppellate Court of Illinois · 1934
- Wilson v. OrrSupreme Court of Alabama · 1923
- Rhodes v. KingSupreme Court of Alabama · 1875
- Adams v. CoeSupreme Court of Alabama · 1898
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