Jackson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. William II. Thomas. The appellant in this case, Leroy Jackson, was in-dieted, tried and convicted for the larceny of a cow.
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Appeal from the City Court of Montgomery. Tried before the Hon. William II. Thomas. The appellant in this case, Leroy Jackson, was in-dieted, tried and convicted for the larceny of a cow. On the trial of the case the evidence for the State tended to show that the cow alleged to have been stolen by the defendant was in a pasture, that the defendant took the cow from tbe pasture one afternoon and drove her to his home; that said cow was not marked at the time she was taken from the pasture by the defendant; that tbe next morning, after taking the caw from the pasture, the defendant marked her…
1Opinion of the CourtMcCLELLAN, C. J.
The cow charged to have been stolen by the defendant was taken, and carried away by him the afternoon before the morning on which he marked it. He might, of course, have been guilty of feloniously taking and carrying away the animal of another on that afternoon and still have come by the next morning when he marked it to believe that it was his own or his wife’s. In other words, the jury were not bound to acquit him of the larceny charged upon the conclusion by them that some time after the caption he entertained the belief that the cow belonged to him. Charge 8 requested by the defendant…
2Cases cited2 opinions
- Talbert v. StateSupreme Court of Alabama · 1898
- Bonner v. StateSupreme Court of Alabama · 1899
3Cited by2 opinions
- Reed v. StateAlabama Court of Appeals · 1945
- Higginbotham v. StateCourt of Criminal Appeals of Alabama · 1975