Beckham v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. James T. Jones. The appellant was indicted, tried and convicted for the larceny of a hog.
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Appeal from the Circuit Court of Clarke. Tried before the Hon. James T. Jones. The appellant was indicted, tried and convicted for the larceny of a hog. The testimony tended to show that the defendant, in company with one Bradford, went to a swamp in high water, and they, together, found two or three hogs, which they carried to their homes; that at the time of taking said hogs, it was understood between the defendant and the said Bradford, that while the hogs did not belong to either of them, they would carry them home, and let it be known in the community that they had them ; that this fact…
1Opinion of the CourtHaralson, J.
I. The defendant asked the court to charge, that-“unless the jury believe from the evidence that the felonious intent existed at the time of the taking (of the hog alleged to have been stolen) they must find the defendant not guilty.” The charge asked was a proper one in any indictment of the kind, and as applicable to this case, was of especial importance to the prisoner, since there was evidence tending to show, that if he had any intention to steal the hog, such intent was formed after the caption and asportation.—1 Wharton’s Cr. Law, § 883; Spivey v. State, 25 Ala. 90; Rountree v. State,…
2Cases cited10 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Redd v. StateSupreme Court of Alabama · 1881
- King v. StateSupreme Court of Alabama · 1867
- Young v. StateSupreme Court of Alabama · 1881
- Porter v. StateSupreme Court of Alabama · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jackson v. StateCourt of Criminal Appeals of Alabama · 1990
- Reedy v. StateSupreme Court of Alabama · 1945
- Curry v. StateSupreme Court of Alabama · 1919
- Hicks v. StateSupreme Court of Alabama · 1946
- Osborn & Noakes v. PeopleSupreme Court of Colorado · 1927
18 more not listed; retrieve them via the Exa API.