Lavender v. State
Supreme Court of Alabama
From the Circuit Court of Sumter. Tried before the Hon. Luther E. Smith. The indictment in this case charged, that the defendant, Frank Lavender, alias Frank Jackson, “feloniously took and carried away a hog, the personal property of Hal Lide.”
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From the Circuit Court of Sumter. Tried before the Hon. Luther E. Smith. The indictment in this case charged, that the defendant, Frank Lavender, alias Frank Jackson, “feloniously took and carried away a hog, the personal property of Hal Lide.” “On the trial,” as the bill of exceptions states, “the evidence for the State tended to show that the defendant feloniously took and carried away a pig, the property of the wife of said Hal Lide, who was then living with his said wife, and was in possession of said pig, in said county; and that the pig was at that time between three and five weeks (?)…
1Opinion of the CourtManning, J.
A hog, the property of a married woman, living with her husband, who has possession of it, is not incorrectly described, in the indictment for stealing- it, as the property of the husband. — Davis v. The State, 17 Ala. 415. And a pig, four or five months old, is a hog, within the meaning of section 4358 (3706) of the Code of 1876, making it grand larceny to steal any “hog, sheep, or goat,” &c. — See Parker v. The State, 39 Ala. 365.
Let the judgment be affirmed.
2Cases cited2 opinions
- Davis v. StateSupreme Court of Alabama · 1850
- Parker v. StateSupreme Court of Alabama · 1864
3Cited by9 opinions
- Kennedy v. StateSupreme Court of Florida · 1893
- Rutledge v. StateSupreme Court of Alabama · 1889
- Mauldin v. StateCourt of Criminal Appeals of Alabama · 1979
- Rollins v. StateSupreme Court of Alabama · 1893
- Pfister v. StateSupreme Court of Alabama · 1887
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