Harrison v. State

Alabama Court of Appeals

Harrison v. State

12 So. 2d 350, 31 Ala. App. 68, 1943 Ala. App. LEXIS 234

CourtAlabama Court of Appeals

DecidedMarch 2, 1943

Docket8 Div. 238.

StatusPublished

Cited by2 cases

This text of 12 So. 2d 350 (Harrison v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison v. State, 12 So. 2d 350, 31 Ala. App. 68, 1943 Ala. App. LEXIS 234 (Ala. Ct. App. 1943).

Pincite

Opinion

SIMPSON, Judge.

The indictment was for larceny of a Johnson Sea Horse Motor of the value of $75, the personal property of Rowland Compton.

Every element of the offense charged was substantially proven against the defendant. Though there were no eye witnesses to the actual theft, the defendant was proven to have been in the recent possession of the stolen property. This — the corpus delicti having been established — not satisfactorily explained, was sufficient to justify his conviction. Heath v. State, 30 Ala.App. 416, 7 So.2d 579, certiorari denied 242 Ala. 632, 7 So.2d 580.

It was for the jury to appraise the sufficiency of his explanation of the possession of the stolen property. Heath v. State, supra.

The few exceptions reserved pending trial were not well taken. The issue was strictly one of fact for the jury as to defendant’s innocence in regard to the property in question. The jury decided against him on this issue, and the judgment here cannot be successfully challenged. It must be affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI