Johnson v. State
| Decision Date | 07 June 1893 |
| Citation | 13 So. 377 |
| Parties | JOHNSON v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; Thomas M. Arrington, Judge.
Eugene Johnson was convicted of larceny, and appeals. Reversed.
The appellant was indicted, tried, and convicted under the following indictment: "The grand jury of said county charge that, before the finding of this indictment, Eugene Johnson feloniously took and carried away two bushels of corn, part of an outstanding crop of corn, the property of W. T. Merriwether, against the peace and dignity of the state of Alabama." The evidence introduced on the part of the state tended to show that in Montgomery county, within 12 months before the finding of the indictment, the defendant feloniously took and carried away five ears of corn from an outstanding crop of corn; that the land on which the corn was grown was the property of Mrs. Merriwether, who was the wife of the man in whom the property was laid in the indictment. Mr. W. T. Merriwether testified that the land belonged to his wife; that he furnished the labor, and made the crop, and did the farming; but that there was no agreement whatever between him and his wife, who lived together on said farm, about the farming business, and that the proceeds of the farming operations were used for the support and maintenance of himself and wife and children. This was all the evidence, and the court, ex mero motu, charged the jury "that the property in the corn was properly laid in the husband, although it really belonged to the wife;" and to this charge of the court the defendant duly excepted. The defendant then asked the court to give the following written charge, and duly excepted to the court's refusal to give the same: "If the jury believe the testimony, they must find the defendant not guilty."
Sayre & Pearson, for appellant.
Wm. L. Martin, Atty. Gen., for the State.
Reversed and remanded, on the authority of Rollins v. State, 13 South. Rep. 280, (at present term.)
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Johnson v. State
...in this record, the court held that the ownership was improperly laid in him, but should have been laid in Mrs. Merriwether. Johnson v. State, 13 So. 377. adhere to our former ruling, and hold that the ownership was properly laid in Mrs. Merriwether. The statement of Mr. Merriwether, that t......