Reynolds v. State

Supreme Court of Alabama

Reynolds v. State

15 So. 2d 605, 245 Ala. 47, 1943 Ala. LEXIS 58

CourtSupreme Court of Alabama

DecidedOctober 7, 1943

Docket6 Div. 167.

StatusPublished

Cited by10 cases

This text of 15 So. 2d 605 (Reynolds 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.

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Reynolds v. State, 15 So. 2d 605, 245 Ala. 47, 1943 Ala. LEXIS 58 (Ala. 1943).

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Opinion

BROWN, Justice.

In King v. State, 15 Ala.App. 67, 70, 72 So. 552, 554, it was observed that: “It is a familiar rule that when one acquires the possession of property tortiously, and afterwards conceives and executes the purpose to convert it, he may be guilty of larceny. Weaver v. State, 77 Ala. 26; Dozier v. State, 130 Ala. 57, 30 So. 396. Also that where one has the bare charge or custody of property of another, the property being under the dominion and control of the owner, the party having the bare custody may be guilty of larceny if he converts it to his own use with the purpose of depriving the owner of it. Boswell v. State, 1 Ala.App. [178] 182, 56 So. 21; Holbrook v. State, 107 Ala. 154, 18 So. 109, 54 Am.St.Rep. 65. * * * It is not essential that the thief should entertain the intent to convert the property to his own use; it is enough that the intent be to deprive the owner of the property. Higgs v. State, 113 Ala. 36, 21 So. 353; Fort v. State, 82 Ala. 50, 2 So. 477.”

This principle justified the refusal of Charge 2 and charges of that class, stressed by the petitioner in application for writ of certiorari, and the foregoing authorities are cited as additional authority for the holding by the Court of Appeals that said charges were refused without error.

We have considered the other questions argued and find nothing that warrants a review of the judgment and opinion of the *48 Court of Appeals. The writ of certiorari is, therefore, denied.

Writ denied.

All the Justices concur.

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BROWN, Justice.

In King v. State, 15 Ala.App. 67, 70, 72 So. 552, 554, it was observed that: “It is a familiar rule that when one acquires the possession of property tortiously, and afterwards conceives and executes the purpose to convert it, he may be guilty of larceny. Weaver v. State, 77 Ala. 26; Dozier v. State, 130 Ala. 57, 30 So. 396. Also that where one has the bare charge or custody of property of another, the property being under the dominion and control of the owner, the party having the bare custody may be guilty of larceny if he converts it to his own use with the purpose of depriving the owner of it. Boswell v. State, 1 Ala.App. [178] 182, 56 So. 21; Holbrook v. State, 107 Ala. 154, 18 So. 109, 54 Am.St.Rep. 65. * * * It is not essential that the thief should entertain the intent to convert the property to his own use; it is enough that the intent be to deprive the owner of the property. Higgs v. State, 113 Ala. 36, 21 So. 353; Fort v. State, 82 Ala. 50, 2 So. 477.”

This principle justified the refusal of Charge 2 and charges of that class, stressed by the petitioner in application for writ of certiorari, and the foregoing authorities are cited as additional authority for the holding by the Court of Appeals that said charges were refused without error.

We have considered the other questions argued and find nothing that warrants a review of the judgment and opinion of the *48 Court of Appeals. The writ of certiorari is, therefore, denied.

Writ denied.

All the Justices concur.

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15 So. 2d 605, 245 Ala. 47, 1943 Ala. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-state-ala-1943.

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