Pinckard v. State

62 Ala. 167

• Court: Supreme Court of Alabama
• Decided: December 15, 1878
• Status: Published

Opinion

MANNING, J.

In Gregg v. The State, (55 Ala. 116,) it was decided that under an indictment for the statutory offense of stealing corn or cotton, “part of any outstanding crop,” — since this was not the subject of larceny at common law, and the statute made it punishable as grand larceny only — a verdict of guilty of petit larceny could not be lawfully rendered.

The present case does not materially differ from that. The charge against defendant is, that he “ feloniously took and carried away 150 pounds of cotton, being a part of the outstanding crop * * * * of William White.”

Calling this personal property while yet part of an outstanding crop, or mention of its value at a low sum, did not justify the verdict that was rendered. It is equivalent to an acquittal of the statutory offense, and was unauthorized as a verdict for petit larceny, that crime not being charged.

Let the judgment be reversed and the cause be remanded.