Case v. State
Supreme Court of Alabama
From the City Court of Mobile, on points reserved as novel and difficult. Hon. Ales. McKinstry, presiding. The indictment in this case, which was found at the October term, 1854, of the City Court, charges, “ that John Case feloniously took and carried away from a store-house” certain enumerated articles, whose value is specified, and which are alleged to be the “personal property of WilliamS. Crockett.”
Read the full summary
From the City Court of Mobile, on points reserved as novel and difficult. Hon. Ales. McKinstry, presiding. The indictment in this case, which was found at the October term, 1854, of the City Court, charges, “ that John Case feloniously took and carried away from a store-house” certain enumerated articles, whose value is specified, and which are alleged to be the “personal property of WilliamS. Crockett.” Having been found guilty by the verdict of the jury, the defendant moved to set aside the verdict, and also in arrest of judgment, on the ground that the jury had failed to assess the value…
1Opinion of the CourtChilton, C. J.
— The prisoner was indicted and convicted of larceny from a store-house. Several articles, consisting of shoes, thread, cloth, &c., are alleged to have been felo-niously stolen by him. The jury found the aggregate value of the goods to be eighteen dollars; but did not assess the separate yalue of any article. The prisoner moved to arrest the judgment for this reason, but the court overruled his motion, and certified the point to this court.
We think the decision of the court upon this point was correct. There is no essential difference between the provision contained in the Code, and the…
2Cases cited2 opinions
- Dill v. CampSupreme Court of Alabama · 1853
- Jones v. StateSupreme Court of Alabama · 1848
3Cited by5 opinions
- Lowenthal v. StateSupreme Court of Alabama · 1858
- United States v. TurleyDistrict Court, D. Maryland · 1956
- Moore v. StateSupreme Court of Alabama · 1866
- Hall v. StateSupreme Court of Alabama · 1875
- Steidl v. StateCourt of Criminal Appeals of Alabama · 1969