Fennell v. State
Fennell v. State
Opinion of the Court
Shaneyfelt testified:
“I lost a bracelet watch in February, 1917, which was taken out of the dwelling house of A. C. Lockhart, in Decatur, Morgan county, Ala., between 8 and 9 o’clock in the morning. I lived in the house with Mr. Lockhart, and it was taken out of my room. The watch was taken from a jewelry box on the dresser. The defendant and a boy by the name of Dunnaway were in my room that morning, and remained there some 25 or 30 minutes. A little more than an hour after they left I missed my watch. I afterwards got the watch back from policeman Bass. * * * I had a room at Mr. Lock-hart’s, 411 West Market street. * * * I rented the room from Mrs. Irene Lockhart. * * * He and his wife both lived there together. * * * I had rented a room from Mrs. Lockhart about a year. While I occupied one room, Mr. and Mrs. Lockhart occupied the balance of the house.”
This evidence tends to sustain the averments of the indictment that the watch was *122 taken “from the dwelling house of A. C. Lockhart,” and the defendant’s motion to exclude the evidence, on the ground that there was a variance between the averments and proof, was properly overruled, and the affirmative charge requested by the defendant was properly refused. Jackson v. State, 102 Ala. 167, 15 South. 344.
We-find no error in the record.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.