Fuller v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was indicted for burglary in a dwelling house, and convicted. The indictment contained two counts; the first charging the burglary in the dwelling house of John Bobbins, and the second in that of Peyton Borge. There were but two witnesses examined, and both on the part of the State.
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Appeal from the Criminal Court of Dallas. Tried before Hon. Geo. H. Craig. The appellant was indicted for burglary in a dwelling house, and convicted. The indictment contained two counts; the first charging the burglary in the dwelling house of John Bobbins, and the second in that of Peyton Borge. There were but two witnesses examined, and both on the part of the State. The first witness, John Bobbins, testified, in substance, that he knew the house reported to have been broken open; that it was his house; that it was in Dallas county; that having heard a description of a man loitering about…
1Opinion of the CourtPeck, C. J.
We think both the charges asked by the defendant should have been given.
The evidence was insufficient to prove that the house had been broken and entered by the defendant; it did not prove that the house had been -broken at all. Nor was there any evidence that the carpet bag had been in fact stolen. In other words, no larceny was proved.
To make the possession of goods evidence against a party charged with stealing them, the larceny must first be proved, and then the possession of the stolen goods may be presumptive evidence of guilt, unless the party found in the possession of goods can show…
2Cited by8 opinions
- Norman v. StateAlabama Court of Appeals · 1915
- Simpson v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Bolling v. StateSupreme Court of Alabama · 1893
- Matthews v. StateAlabama Court of Appeals · 1917
- Berry v. StateCourt of Criminal Appeals of Alabama · 1978
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