Kirk v. State

• Decision Date: 08 June 1915
• Docket Number: 340
• Citation: Kirk v. State, 13 Ala.App. 316, 69 So. 350 (Ala. App. 1915)
• Parties: KIRK v. STATE.
• Court: Alabama Court of Appeals

69 So. 350

13 Ala.App. 316

KIRK v. STATE.

No. 340

Court of Appeals of Alabama

June 8, 1915

Appeal from Clay County Court; E.J. Garrison, Judge.

Dee Kirk was convicted of grand larceny, and he appeals.Affirmed.

William L. Martin, Atty. Gen., and J.P. Mudd, Asst. Atty. Gen., for the State.

PELHAM P.J.

The indictment upon which the defendant was tried and convicted contains but one count, and is drawn to charge grand larceny under the section of the Code defining that offense (Code, § 7324).It charges that the pistol stolen was the property of one G.A. Mattison, and that it was stolen by the defendant from a warehouse of the "Ashland Oil Mill & Fertilize Company, a corporation."

It was shown without conflict in the evidence that the Ashland Oil Mill & Fertilizer Company had one warehouse used for storing seed, called the seed warehouse, and another for storing meal and hulls; that near by was yet another building under separate roof having two rooms connected by a door, one of the rooms being used as an office, and the connecting room used for storing minor supplies for the mill, such as ribs for the gin, packing, ropes, belting, and other supplies and articles for repair and keeping up the machinery connected with the plant.The pistol was stolen from a desk in the room in this building used as an office.The room in the building connected by a door with the office, used for storing supplies, etc., was a warehouse within the meaning of the statute, and the office under the same roof connected...