Sims v. State

Decided November 15, 1892

Supreme Court of Alabama · decided 1892-11-15

From the Circuit Court of Bulloch. Tried before the Hon. Jesse M. Carmichael. The defendant in this case was indicted for the larceny of a “bull yearling,” the property of Jeff. Furman.

Relies on Bromley v. Birmingham Mineral Railroad · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1892-11-15

How this case has been cited

Cited by 9 later decisions — most recently January 1950

9 state decisions

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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HARALSON, J.-

¶1The question of the intent with wJiich the defendant took and carried away the yearling, wa$;not free from doubt, and was one of inference from the evidence, proper to be determined by the jury. There were conflicts in the evidence, — some tending to establish the case for the State,- — -and different inferences, as to the intent of the defendant in taking the animal, may be reasonably drawn from it. In such a case, the general charge in favor of the defendant, was properly refused.—Johnson v. The State, 73 Ala. 523; Bromley v. Birmingham Min. R. R. Co., 95 Ala. 397; 11 So. Eep. 341.

¶2Affirmed.