McMullen v. State
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. John K. Henry. The appellant, Cain McMullen, was indicted and convicted for larceny of a cow, the property of one Flowers. The evidence showed that the cow in question was “marked with a swallow fork in the right ear, and an underbit in the left,” and was “motley white, with some black spots about the head.”
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Appeal from Circuit Court of Butler. Tried before Hon. John K. Henry. The appellant, Cain McMullen, was indicted and convicted for larceny of a cow, the property of one Flowers. The evidence showed that the cow in question was “marked with a swallow fork in the right ear, and an underbit in the left,” and was “motley white, with some black spots about the head.” She left the pen of her owner in Greenville, in the winter of 1872. One Mrs. Vines testified that, in the latter part of 1872, the cow came with her cattle to her pen, near the former residence of Flowers. There was testimony tending…
1Opinion of the CourtBrickell, C. J.
The felonious intent is the material ingredient of larceny. The existence of the intent is not often capable of direct proof, but is matter of inference from the circumstances attending the caption and asportation. It is said by Blaekstone, “The ordinaiy discovery of a felonious intent is Avhere the party doth it clandestinely; or, being’ charged Avith the fact, denies it. But this is by no means the only criterion of criminality: for, in cases that may amount to larceny, the variety of circumstances is so *534great, and the complication thereof so mingled, that it is impossible to recount all…
2Cases cited2 opinions
- Spivey v. StateSupreme Court of Alabama · 1855
- Witt v. StateSupreme Court of Missouri · 1846
3Cited by25 opinions
- Newsom v. StateSupreme Court of Alabama · 1894
- Talbert v. StateSupreme Court of Alabama · 1898
- Black v. StateSupreme Court of Alabama · 1887
- Bass v. StateSupreme Court of Florida · 1909
- Long v. StateSupreme Court of Florida · 1902
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