Legal Opinion

Woodbury v. State

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 36 opinions

Appeal from tlie City Court of Mobile. Tried before lion. O. J. Semmes. The defendant was convicted.under the second count in an indictment coAtanining three. That count charges, that with intent to defraud, he did falsely pretend to Edwin B. Qnattlebaum, that he resided in Mobile, on Chestnut street, between Cleveland and Morton streets, and by reason of such false pretense obtained from the said Edwin B. Quattlebaum, one sewing machine of the value of sixty dollars.

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Appeal from tlie City Court of Mobile. Tried before lion. O. J. Semmes. The defendant was convicted.under the second count in an indictment coAtanining three. That count charges, that with intent to defraud, he did falsely pretend to Edwin B. Qnattlebaum, that he resided in Mobile, on Chestnut street, between Cleveland and Morton streets, and by reason of such false pretense obtained from the said Edwin B. Quattlebaum, one sewing machine of the value of sixty dollars. On the trial Mr. Quattlebaum and other witnesses were examined on behalf of the State, add their testimony tended to show that…

1Opinion of the CourtBrickell, C. J.

The indictment contains three counts,— the first charging the appellant with the larceny of a sewing machine, of the value of sixty dollars,- — -the second and third charging him with obtaining the machine under false pretenses. The appellant pleaded not guilty, and the verdict was of guilty on the second count, which operates an acquittal on the other counts. *245The questions now presented arise on exceptions to instructions given the jury by the court at the request of the State, and an instruction on the effect of the evidence requested by the appellant, and refused.

The instructions given by…

2Cases cited3 opinions

  1. Corbett v. StateSupreme Court of Alabama · 1858
  2. Gooden v. StateSupreme Court of Alabama · 1876
  3. Holmes v. StateSupreme Court of Alabama · 1853

3Cited by36 opinions

  1. Knight v. StateSupreme Court of Alabama · 1962
  2. Brown v. StateSupreme Court of Alabama · 1904
  3. Hafer v. ColeSupreme Court of Alabama · 1912
  4. Addington v. StateAlabama Court of Appeals · 1916
  5. State v. KnowltonWashington Supreme Court · 1895

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