McFarling v. State, 6 Div. 815

CourtAlabama Court of Appeals
Writing for the CourtHARWOOD
Citation35 Ala.App. 191,45 So.2d 322
Docket Number6 Div. 815
Decision Date10 January 1950

Page 322

45 So.2d 322
35 Ala.App. 191
6 Div. 815.
Court of Appeals of Alabama.
Jan. 10, 1950.
Rehearing Denied Feb. 28, 1950.

Page 323

Roger F. Rice, of Birmingham, for appellant.

A. A. Carmichael, Atty. Gen., and Thos. F. Parker, Asst. Atty. Gen., for the State.


This appellant stands convicted of the offense of buying, receiving, or concealing stolen property, etc., of the aggregate value of $26,00, etc.

The evidence introduced by the State tended to show that early in the morning on December 15, 1948 certain merchandise and property was taken from a night club or restaurant owned and operated by Joe Zarzaur in Jefferson County, Alabama.

Two police officers, later on the same day, while cruising in a patrol car, noticed a roadster, with the door of the rear turtle back open, parked near an unused building in Green Springs Park in Birmingham. Driving by the park again about twenty minutes later the officers stopped to investigate.

In the building they discovered the appellant and a companion. There was also in the room in which were appellant and his companion the articles, shown by other evidence, which had been taken from Zarzaur's place.

[35 Ala.App. 192] According to the officers the appellant and his companion stated they had entered the unused building to answer a call of nature, and had discovered the cigarettes, gum, etc. therein in a basket, and were dividing it up when the officers appeared.

In his own behalf appellant testified that he had gone into the building for the purpose before mentioned. He noticed a basket therein containing articles of some sort and called to his companion to come in and see what it was. His companion did so. It was then that the officers made their appearance.

Appellant denied that he had at any time touched any of the articles, or that he had made the statement attributed to him by the officers.

On cross examination appellant admitted he had been convicted in Jefferson County, Alabama, of petit larceny. He denied that he had ever been convicted of burglary in Atlanta, Georgia, or of robbery in Texas.

No error resulted in overruling appellant's objection to the question seeking testimony as to his prior conviction for petit larceny in Jefferson County, Alabama. The offense clearly involves moral turpitude, and conviction thereof may be shown to affect the defendant's credibility as a witness. Hutchens v. State, 207 Ala. 126, 92 So. 409. No objections were...

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14 cases
  • Young v. Wainwright, Civ. No. 69-1456.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • May 20, 1970
    ...a presumption of guilt arises that will support a conviction. Jordan v. State, 17 Ala.App. 575, 87 So. 433; McFarling v. State, 35 Ala.App. 191, 45 So. 2d 322." (Emphasis mine.) On the other hand, North Carolina treats this "rule of law" as follows: "`The presumption that the possessor is t......
  • Thompson v. State, 4 Div. 881
    • United States
    • Alabama Court of Criminal Appeals
    • June 23, 1981
    ...380 So.2d 404 (Ala.Cr.App.1978); Zuck v. State, 331 So.2d 777 (Ala.Cr.App.), cert. denied, 331 So.2d 796 (Ala.1976); McFarling v. State, 35 Ala.App. 191, 45 So.2d 322, cert. denied, 253 Ala. 501, 45 So.2d 324 The defendant testified at trial and admitted that he had been convicted of three ......
  • Cole v. State, 8 Div. 982
    • United States
    • Alabama Court of Criminal Appeals
    • October 4, 1977
    ...listed in the indictment there had also been taken certain other articles is admissible as part of the res gestae. McFarling v. State, 35 Ala.App. 191, 45 So.2d 322, cert. denied, 253 Ala. 501, 45 So.2d 324 (1950); Taylor v. State, 19 Ala.App. 600, 99 So. 733, cert. dismissed, Ex parte Tayl......
  • Barnett v. State, 5 Div. 168
    • United States
    • Alabama Court of Criminal Appeals
    • January 29, 1974
    ...with the clarification made by the court in response to the original exception, the original exception is waived. McFarling v. State,35 Ala.App. 191, 45 So.2d 322; Beddow v. State, 39 Ala.App. 29, 96 So.2d 175, cert. denied 266 Ala. 694, 96 So.2d 178; Davis v. State, 40 Ala.App. 118, 112 So......
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