Johnson v. State

• Court: Alabama Supreme Court
• Writing for the Court: HEAD, J.
• Citation: Johnson v. State, 13 So. 377 (Ala. 1893)
• Decision Date: 07 June 1893
• Parties: JOHNSON v. STATE.

13 So. 377

JOHNSON v. STATE.

Supreme Court of Alabama

June 7, 1893

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...