Vacalis v. State
Supreme Court of Alabama
Certiorari to Court of Appeals. Artemis Vacalis was convicted of receiving , stolen property, and he appealed to the Court of Appeals, which affirmed (80 South. 89), and he brings certiorari.
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Certiorari to Court of Appeals. Artemis Vacalis was convicted of receiving , stolen property, and he appealed to the Court of Appeals, which affirmed (80 South. 89), and he brings certiorari. In holding that Touart was not required to testify, because the communication was privileged. 171 Ala. 19, 55 South. 159; 39 South. 580;- 124 Ala. 268, 27 South. 420 ; 67 Ala. 164; 75 Ala. 546. The oral charge of the court, misstating the law, is not cured by written charges given. 168 Ala. 658, 53 South. 241. The oral charge of the court was clearly erroneous. 8 Ala. App. 257, 62 South. 959; 33 Ala.…
1Opinion of the CourtAnderson, C. J.
[1,2] When a person stands charged with the offense of receiving stolen .property, under section 7329 of the Code of 1907, it is incumbent upon the state to show, among other things, that he knew the property was stolen. Fulton v. State, 8 Ala. App. 257, 62 South. 959, and cases there cited; Collins v. State, 33 Ala. 434, 73 Am. Dec. 426. Of course, guilty knowledge may be inferred from facts and circumstances, in the absence of proof of actual knowledge. Like most facts, it may be inferred from other sufficient facts and circumstances, and if certain specific facts existed, which would…
2Cases cited7 opinions
- Eyre v. JacobSupreme Court of Virginia · 1858
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- White v. StateSupreme Court of Alabama · 1888
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
- Collins v. StateSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Garner v. StateSupreme Court of Alabama · 1959
- Collins v. StateCourt of Criminal Appeals of Alabama · 1979
- Milam v. StateSupreme Court of Alabama · 1940
- Brewington v. StateAlabama Court of Appeals · 1923
- Hale v. StateAlabama Court of Appeals · 1969
19 more not listed; retrieve them via the Exa API.