Bolden v. State

• Decision Date: 17 February 1942
• Docket Number: 1 Div. 402.
• Citation: Bolden v. State, 30 Ala. App. 393, 6 So. 2d 525 (Ala. App. 1942)
• Parties: BOLDEN v. STATE.
• Court: Alabama Court of Appeals

6 So.2d 525

30 Ala.App. 393

BOLDEN v. STATE.

1 Div. 402.

Alabama Court of Appeals

February 17, 1942

Bart B. Chamberlain, Jr., of Mobile, for appellant.

Thos S. Lawson, Atty. Gen., and Wm. N. McQueen, Asst. Atty. Gen for the State.

RICE Judge.

The indictment was in regular form-charging the appellant with the offense of grand larency. He was convicted as charged and sentenced to serve imprisonment in the penitentiary for the term of three years.

There is no ruling apparent giving rise to an exception worthy of discussion save and except only the one wherein or whereby the learned trial court refused to exclude the State's testimony; or to give to the jury at appellant's request the general affirmative charge to acquit him.

The sole ground of contention by appellant is that the corpus delicti was not proven.

We have carefully read the entire testimony; and deem it necessary to say no more than that we do not agree with appellant in his contention.

It is of course the law that the corpus delicti may be proven by circumstantial evidence; and when there are proven facts from which inferences can be legally drawn it is a question for the jury to say whether or not the corpus delicti has been...