CANCELL v. STATE

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.