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111 Ala. 72

Parker v. State

Supreme Court of Alabama

Decided November 15, 1895

Supreme Court of Alabama · decided 1895-11-15

Tried before the Hon. N. H. Thompson. The appellant was tried and convicted under a complaint which charged that he “feloniously took and carried away a plow stock, the personal property of Henry Parker of the value of one dollar.” The evidence for the State, as is shown by the bill of exceptions, tended to show that during the year 1895, while the defendant was a laborer on the plantation of Henry Parker, he carried away from said plantation a plow stock, which the…

Relies on Washington v. State · Holbrook v. State · Butler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1895-11-15

How this case has been cited

Cited by 6 later decisions — most recently September 1989

5 state decisions

201895190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The defendant was charged with the larceny of a pidw-stock. There are certain designated subject matters, the felonious taking and carrying away of which, is by statute declared to be larceny without regard to value, such as a horse, hog, a part of an outstanding crop, &c. When the statute does not declare the articles to be the subject of larceny without reference to value, it is necessary to aver and prove, to authorize a conviction, that it was property and of value, probably with the single exception of money. — Lucas v. The State, 96 Ala. 51. The courts take judicial knowledge that money is property and of value. — Gady’s Case, 83 Ala. 51. In the case before us', there is no evidence of the value of the plow-stock, or that it had any value. The record purports to contain all the evidence. This question was raised by the request of the defendant to give the general charge. Under the evidence, it should have been given.

¶2There was no count or alternative charge in the complaint for embezzlement. If the evidence made out a case of embezzlement instead of larceny, the defendant could not be convicted of larceny. The two. offenses may be united in one complaint in different counts, and when the complaint is thus framed to meet one offense, an election will not be ordered.— Upshur v. State, 100 Ala. 2; Butler v. State, 91 Ala. 87. The charge is for larceny only. As to the difference between larceny and embezzlement when applied to the facts of this case, see Holbrook v. State, 107 Ala. 154; Washington v. State, 106 Ala. 58; also Crocheron v. State, 86 Ala. 64.

¶3Reversed and remanded.

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