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Docket Number
Attorney(S)
  • William Stell, of Russellville, for appellant. There must be a taking and carrying away to constitute larceny. Higgs v. State, 113 Ala. 36, 21 So. 353; Thompson v. State, 94 Ala. 535, 10 So. 520, 33 Am. St. Rep. 145. The affidavit should have alleged that the property was that of a person, partnership, or corporation. Burrow v. State, 147 Ala. 114, 41 So. 987. The county cannot own property except as duly authorized by statute. Ensley Motor Car Co. v. O'Rear, 196 Ala. 481, 71 So. 704; Yielding v. Ball, 205 Ala. 376, 87 So. 785; Bice v. Foshee, 19 Ala. App. 421, 97 So. 764; 15 C. J. 531. Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State. If there is sufficient evidence to afford an inference adverse to appellant, the affirmative charge is not proper. Hargrove v. State, 147 Ala. 97, 41 So. 972, 119 Am. St. Rep. 60, 10 Ann. Cas. 1126. The affidavit alleges the property to be that of Franklin county. The state of Alabama and Franklin county are set out in the caption. There was uncontradicted testimony that the tractor from which the gasoline was stolen was the property of Franklin county. Property owned for ordinary county purposes or held by it in its corporate capacity should be described as goods of the county. 36 C. J. 840.
Judges
  • RICE, J.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • William Stell, of Russellville, for appellant. There must be a taking and carrying away to constitute larceny. Higgs v. State, 113 Ala. 36, 21 So. 353; Thompson v. State, 94 Ala. 535, 10 So. 520, 33 Am. St. Rep. 145. The affidavit should have alleged that the property was that of a person, partnership, or corporation. Burrow v. State, 147 Ala. 114, 41 So. 987. The county cannot own property except as duly authorized by statute. Ensley Motor Car Co. v. O'Rear, 196 Ala. 481, 71 So. 704; Yielding v. Ball, 205 Ala. 376, 87 So. 785; Bice v. Foshee, 19 Ala. App. 421, 97 So. 764; 15 C. J. 531. Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State. If there is sufficient evidence to afford an inference adverse to appellant, the affirmative charge is not proper. Hargrove v. State, 147 Ala. 97, 41 So. 972, 119 Am. St. Rep. 60, 10 Ann. Cas. 1126. The affidavit alleges the property to be that of Franklin county. The state of Alabama and Franklin county are set out in the caption. There was uncontradicted testimony that the tractor from which the gasoline was stolen was the property of Franklin county. Property owned for ordinary county purposes or held by it in its corporate capacity should be described as goods of the county. 36 C. J. 840.
Judges
  • RICE, J.
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Smart Summary

CANCELL v. STATE.

RICE, J.

Appellant was convicted of the offense of petit larceny.

The property alleged to have been stolen — several gallons of gasoline — was charged, in the affidavit upon which appellant was tried, to have been the property of "Franklin County." This was sufficient, as against the demurrers interposed. Sands et al. v. State, 80 Ala. 201.

The testimony offered on behalf of the state tended directly to show the guilt of appellant as charged; that offered on behalf of appellant was in denial. The issues were for the jury. We discover nothing worthy of further comment.

The judgment of conviction is affirmed.

Affirmed.

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CANCELL v. STATE
(Feb 24, 1931)