Lacy v. State

Decided November 25, 1915

Supreme Court of Alabama · decided 1915-11-25

Theo Lacy was convicted of embezzlement, and on appeal to the Court of Appeals the judgment of the. lower court was affirmed, and he brings certiorari to review the judgment and decision of that court.

Cited by 2 later decisions — most recently March 1998

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Writ denied · Decided 1915-11-25

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McCLELLAN,. J.

¶1While the writ of certiorari sought must be denied because of the absence of vitiating error underlying the judgment rendered by the Court of Appeals, yet it is necessary, we think, the explanation and qualification to be made should accompany the order denying the writ.

¶2(1, 2) The refusal of charge 22, requested by the defendant, was justified on the ground that it, in effect, restricted the basis for a conviction to the conversion of the funds; whereas, the indictment also charged the larceny thereof. Furthermore, the substance of charge 22, in the particular that it correctly confined the jury’s satisfaction, to the requisite degree of the defendant’s guilt, to the means afforded by the evidence, and the evidence alone, was expressed in charge numbered 28, given at the defendant’s request.

¶3The writ is denied.

Anderson, C. J., and Sayre and Gardner, JJ., concur.