Holyfield v. State

• Decision Date: 13 June 1919
• Docket Number: 3 Div. 350
• Citation: 82 So. 652,17 Ala.App. 162
• Parties: HOLYFIELD v. STATE.
• Court: Alabama Court of Appeals

82 So. 652

17 Ala.App. 162

HOLYFIELD v. STATE.

3 Div. 350

Court of Appeals of Alabama

June 13, 1919

On Rehearing, June 17, 1919

Appeal from Circuit Court, Montgomery County; Leon McCord, Judge.

Charlie Holyfield, indicted under two counts, the first charging the receiving of stolen property, and the second charging grand larceny, was convicted of receiving stolen property, and appeals. Affirmed.

The following are the charges refused to the defendant:

(10 and 11) General affirmative charge.

"(14) If you believe from the evidence that John Davis employed the defendant to haul the meat as public drayman for him, you must find the defendant not guilty."

"(19) If you believe from the evidence that the defendant reported to the police authorities the fact that he had received the meat as a public drayman for hire, and that he had received the possession of the same as such, and that he desired its assistance to locate the owner, then this is a circumstance tending to show that he did not know that the meat was stolen property at the time he received it."

Hill Hill, Whiting & Thomas, of Montgomery, for appellant.

J.Q Smith, Atty. Gen., and Horace Wilkinson, Asst. Atty. Gen for the State.

SAMFORD J.

It was disclosed by the evidence that the Central Market sent an order by its porter, one John Davis, to the slaughterhouse for four cattle and two calves; that when this order was presented it read 4 1/2 cattle and 2 calves, and that Davis left the slaughterhouse with them. When he got to a point where there was a dray stand on Monroe street, in the city of Montgomery, he delivered to the defendant, who was a drayman the one-half cattle. The defendant took it, and immediately drove to Dennis Vine's restaurant, a short distance away and told Vine he had come to deliver it. Vine refused to take it. The defendant thereupon drove back to the dray stand, stood there awhile, and then drove out to a point on the Red Bridge Road, and delivered it to a market man by the name of Allen Hayes, the defendant and Allen Hayes both testifying that the defendant said at the time he brought the meat there "that the meat did not belong to him, and that when the fellow comes out here, if you want it, he might sell it to you." Subsequently the police went out to Hayes' place, arrested him, and brought him and the meat to police headquarters. It was also shown that from the time Davis left the slaughterhouse until the meat was delivered to Hayes on the Red Bridge Road, some miles away from the dray stand on Monroe street, the meat was followed by a boy from the slaughterhouse, and up to the point when the meat was left in the possession of Hayes every fact and circumstance offered to be proved by the defendant and relating to the transaction was admitted in evidence. The defendant then offered to prove that some hours after the meat had been delivered to him by Davis and he had hauled it, first to Vine's attempting to deliver it to him, and then to Hayes, to whom he did deliver it, he made certain statements to Mr. Knox and Mr. Paul Rapport, the latter being a member of the police department of the city of Montgomery, relative to how he acquired the meat, and seeking their...