Driver v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Luther Driver and Enoch Mims were convicted of grand larceny, and they appealed. The defendant was not guilty of grand! larceny under the facts ,of this case, and the court was in error in its oral charge. Section 7324, Code 1907 ; 39 Ala. 680; 99 Ala. 143, 13 South. 566; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 569, 64 South. 960; 70 Ala. 8, 45 Am. Rep. 67. There was no variance.
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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Luther Driver and Enoch Mims were convicted of grand larceny, and they appealed. The defendant was not guilty of grand! larceny under the facts ,of this case, and the court was in error in its oral charge. Section 7324, Code 1907 ; 39 Ala. 680; 99 Ala. 143, 13 South. 566; 201 Ala. 388, 78 South. 450; 193 Ala. 456, 69 South. 545; 186 Ala. 569, 64 South. 960; 70 Ala. 8, 45 Am. Rep. 67. There was no variance. Section 7147, Code 1907; 16 Ala. App. 190, 76 South. 474.
1Opinion
On Rehearing.
The evidence in this case shows that the seed cotton alleged to have been stolen was taken from the porch of the house of Will Oonnell. The appellant contends in his application for rehearing that the porch is not a part of the dwelling house, and that the taking therefrom could not constitute larceny under section 7324 of Code 1907. Section 3170 of the Code of 1852 provided that—
“Any person who commits larceny in any dwelling house, storehouse, smokehouse, etc., on conviction must be imprisoned in the penitentiary not less than three or more than six years.”
Construing .this…
2Cases cited1 opinion
- Driver v. StateSupreme Court of Alabama · 1921