McMurphy v. State

Supreme Court of Alabama

McMurphy v. State

358 So. 2d 1069

CourtSupreme Court of Alabama

DecidedMay 19, 1978

Docket77-456

StatusPublished

Cited by5 cases

This text of 358 So. 2d 1069 (McMurphy v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMurphy v. State, 358 So. 2d 1069 (Ala. 1978).

Pincite

Opinion

The petition for writ of certiorari to the Court of Criminal Appeals is denied, 358 So.2d 1065.

The denial of this writ should not be construed as approval of the definition of larceny taken from 2 Wharton's Criminal Law 80, section 452, which is set forth in the majority opinion of the Court of Criminal Appeals. Such definition, which includes as a necessary element that the property be taken "without the consent of the owner or possessor," is not in accord with the general definition of larceny used by both this court, and the appeals court, to wit:

"Larceny is the felonious taking and carrying away of the personal property of another with the intent on the part of the taker to convert it to his own use, or to deprive the owner thereof. Higgs v. State, 113 Ala. 36, 21 So. 353; Moulden v. State, 47 Ala. App. 573, 258 So.2d 915; Armstrong v. State, 49 Ala. App. 396, 272 So.2d 603."

Jones v. State, 56 Ala. App. 444, 447, 322 So.2d 735, 737 (1975).

WRIT DENIED.

BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.

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

The petition for writ of certiorari to the Court of Criminal Appeals is denied, 358 So.2d 1065.

The denial of this writ should not be construed as approval of the definition of larceny taken from 2 Wharton's Criminal Law 80, section 452, which is set forth in the majority opinion of the Court of Criminal Appeals. Such definition, which includes as a necessary element that the property be taken "without the consent of the owner or possessor," is not in accord with the general definition of larceny used by both this court, and the appeals court, to wit:

"Larceny is the felonious taking and carrying away of the personal property of another with the intent on the part of the taker to convert it to his own use, or to deprive the owner thereof. Higgs v. State, 113 Ala. 36, 21 So. 353; Moulden v. State, 47 Ala. App. 573, 258 So.2d 915; Armstrong v. State, 49 Ala. App. 396, 272 So.2d 603."

Jones v. State, 56 Ala. App. 444, 447, 322 So.2d 735, 737 (1975).

WRIT DENIED.

BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

358 So. 2d 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmurphy-v-state-ala-1978.

Opinion

Related

Cite This Page — Counsel Stack