Jackson v. State
Cases that cite this one
2 later published cases cite this decision.
- Higginbotham v. State (Ala. Crim. App. 1975)
- Reed v. State (Ala. Ct. App. 1945)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 was, therefore, properly refused.
The general charge and charge 9 requested by the defendant proceed on the unwarranted assumption of law that larceny cannot be predicated of a taking and asportation in the presence of others. — Brown v. State, 125 Ala. 49; Talbert v. State, 121 Ala. 33.
In so far as charge 9 asserts that the openness of the caption is evidence that the taking was “a civil trespass and not a crime,” it is a mere argument.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.