England v. State, 5 Div. 770.
| Decision Date | 11 February 1930 |
| Docket Number | 5 Div. 770. |
| Citation | 23 Ala.App. 393,126 So. 174 |
| Parties | ENGLAND v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge.
Thomas England was convicted of buying, receiving, or concealing etc., stolen property, and he appeals. Affirmed.
Will O Walton, of LaFayette, for appellant.
Charlie C. McCall, Atty. Gen., for the State.
This appellant and one John Douglass were jointly indicted charged with grand larceny of certain enumerated articles of clothing, etc., of the value of $260, the personal property of Lenton S. Phillips. Also for receiving etc., these alleged stolen articles. And count 3 of the indictment charged these two parties with burglary of the store of said Phillips, etc.
This appellant denied all connection with, or participation in, the commission of said offenses, and the codefendant John Douglass, upon arraignment pleaded guilty and personally assumed all responsibility in connection with the offenses complained of. He took the witness stand and thus testified in behalf of this appellant, and stated that he alone committed the offenses; that this appellant did not join with him in the commission of said offenses; also that he was alone at the time he burglarized the Phillips' store.
No charges were requested by this appellant, nor was there a motion for a new trial. The question therefore as to the sufficiency of the evidence to convict this appellant was not raised in the lower court, and as no ruling of the trial court on this point was invoked or had, no such question is before us on this appeal.
But the defendant does insist that the court committed error, in several instances, upon the admission of the evidence.
The evidence, without dispute, disclosed that this appellant, and the admitted thief, Douglass, were together on the night in question in a stolen automobile, and that they left the scene of the crime together with the stolen property in the car and traveled several thousand miles into numerous states together with these stolen goods. That after thus traveling for several weeks they returned near to the neighborhood where the crime was committed and both of them were there found together, their car in the ditch, and they were arrested. The witness Mrs. Agnes Brown testified that her home was near to the Phillips store, and in plain sight thereof, and that on the same night of the admitted burglary of the store, she saw two men, similar in size to the two accused men, in front of the Phillips store under a light, and from all the evidence on the point, a few minutes before the burglary was committed. There were numerous incriminating facts in the evidence which tended to show that both of these men were...
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City of Dothan v. Holloway
...397 (1935); Butler v. State, 130 Ala. 127, 30 So. 338 (1901); Vinson v. State, 26 Ala.App. 48, 152 So. 259 (1934); England v. State, 23 Ala.App. 393, 126 So. 174 (1930); Brook v. State, 155 Ala. 78, 46 So. 491 (1908); Johnson v. State, 105 Ala. 113; 17 So. 99 (1895), Bush v. State, 27 Ala.A......
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Bethune v. State
...153 So. 892 26 Ala.App. 72 BETHUNE et al. v. STATE. 7 Div. 991, 992.Court of Appeals of AlabamaJanuary 30, 1934 ... point: England v. State, 23 Ala. App. 393, 126 So ... 174; Henson v. State (Ala. App.) ... ...
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Gentry v. State, 5 Div. 307
...is not before this court. Whited v. State, 27 Ala.App. 466, 174 So. 545; Dotson v. State, Ala.App., 43 So.2d 434; England v. State, 23 Ala.App. 393, 126 So. 174; Lockwood v. State, 33 Ala.App. 337, 33 So.2d In his brief appellant raises the question of the validity of the judgment and sente......
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Vinson v. State, 8 Div. 891.
... ... affirmative charge, nor a motion for a new trial. England ... v. State, 23 Ala. App. 393, 126 So. 174 ... The ... several insistences relating ... ...