Jackson v. State

• Decision Date: 30 June 1919
• Docket Number: 3 Div. 336
• Citation: 17 Ala.App. 197,84 So. 394
• Parties: JACKSON v. STATE.
• Court: Alabama Court of Appeals

84 So. 394

17 Ala.App. 197

JACKSON v. STATE.

3 Div. 336

Court of Appeals of Alabama

June 30, 1919

Rehearing Denied Oct. 21, 1919

Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge.

Will Jackson was convicted for receiving stolen property, and he appeals. Affirmed.

Defendant was indicted for receiving or concealing the property knowing it to be stolen, and also for breaking into and entering a railroad car upon or connected with a railroad in this state. The jury returned a general verdict of guilty. The property was alleged to be the property of the Louisville & Nashville Railroad Company. The evidence tended to show that certain flour and tobacco were placed in a car on the Louisville &amp Nashville Railroad, and brought into Montgomery at night that the tobacco was addressed to J.O. Benton, Speigner Ala., and the flour addressed to a mercantile concern at Opp Ala., and that on the next morning the car was found broken open, and some of the tobacco and flour missing; that on the night of the arrival of the car in Montgomery, and some several hours after its arrival, the defendant was arrested while driving an automobile in the north yard of the Louisville & Nashville Railroad and in his automobile was some of the tobacco and flour, marked similarly to the flour and tobacco in the car.

It was admitted that the Louisville & Nashville Railroad was under the United States federal government control at the time and prior to the alleged commission of the offense.

The following charges were requested by and refused to the defendant:

"(1) The court charges the jury that each and every count of the indictment alleges that the property which it is alleged to have in count 1 stolen and in the other counts to have concealed or assisted in concealing, knowing it was stolen, is the property of the Louisville & Nashville Railroad Company, a corporation, and the proof shows that before the finding of this indictment, and before the offense is alleged to have been committed, the custody, control, and possession of all the property of the Louisville & Nashville Railroad Company, a corporation, had passed into the possession of the United States government, and the evidence shows that the Louisville & Nashville Railroad Company neither has a legal title nor possession of or control of the said property, either at the time of the alleged commission of this offense, or at the time of the finding of this indictment; therefore the court charges the jury that there is a fatal variance between the allegations of the indictment and the proof.

"(2) The court charges the jury that it is entitled to a discharge at your hands by reason of the fatal variance between the allegations and the proof of the indictment. The indictment in each and every count thereof

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