Legal Opinion

Sanders v. State

Supreme Court of Alabama

Decided April 19, 1910PublishedCited by 50 opinions

Appeal from Greene Circuit Court. H'eard before Hon. S. Hi. Sprott. Frank Sanders was convicted of larceny and receiving stolen goods, and be appeals.

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Appeal from Greene Circuit Court. H'eard before Hon. S. Hi. Sprott. Frank Sanders was convicted of larceny and receiving stolen goods, and be appeals. Tbe court erred in overruling appellant’s objections to tbe two following questions wbicb were propounded by tbe appellee to tbe witness Will Steele: (1) “State wbat else you found at Frank’s bouse,” and, (2) “Did you find any rings?” — McGormaclc v. State, 102 Ala. 156; Gassenheimer v. State, 52 Ala. 818; Tirtmey v. State, 111 Ala. 74; Berney v. State, 69 Ala. 233; Karr v. State. 106 Ala. 7; Wisdom v. State, 8 Porter 516-7. The lower court…

1Opinion of the CourtMayfield, J.

The defendant was indicted of larceny, and of receiving stolen goods. The property alleged to be stolen, and received as such, consisted of 16 pairs of pants and 3 pairs of shoes, the property of G. A. Horton..

The corpus delicti was not proven, and for this reason the accused should have been acquitted.

The alleged owner of the property testified on his direct examination as follows: “That he knew the defendant. That in January, 1909, before the finding of the indictment, he recovered from' the defendant 16 pairs of pants and 3 pairs of shoes. The he (the witness) had never sold any goods like…

2Cases cited4 opinions

  1. Winslow v. StateSupreme Court of Alabama · 1884
  2. Orr v. StateSupreme Court of Alabama · 1894
  3. Smith v. StateSupreme Court of Alabama · 1901
  4. Thomas v. StateSupreme Court of Alabama · 1895

3Cited by50 opinions

  1. Hill v. StateSupreme Court of Alabama · 1922
  2. State v. SullivanIdaho Supreme Court · 1921
  3. Groover v. StateSupreme Court of Florida · 1921
  4. State v. DixsonMontana Supreme Court · 1927
  5. Bills v. StateCourt of Criminal Appeals of Alabama · 1973

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