Rhodes v. State

• Decision Date: 21 July 1904
• Citation: 37 So. 365,141 Ala. 66
• Parties: RHODES v. STATE.
• Court: Alabama Supreme Court

37 So. 365

141 Ala. 66

RHODES v. STATE.

Supreme Court of Alabama

July 21, 1904

Appeal from City Court of Montgomery; William H. Thomas, Judge.

Lish Rhodes was convicted of larceny, and appeals. Affirmed.

George Stowers, for appellant.

Massey Wilson, Atty. Gen., for the State.

HARALSON J.

The prosecutor, Jim Evans, testified to the fact, that about the 7th of December, 1902, three head of cattle had been taken from him, one of them a three-quarter Jersey milch cow, one a red bull and the other a steer about two years old.

The evidence tended to show that the cow was found the next morning in the pasture of one Barganier, near Cecil, eight or ten miles from prosecutor's residence, and that she had been left there by defendant, who claimed to own her. It further tended to show, as testified by one Frizzle, who transacted business for Barganier; that about the break of day one morning about the 7th of December, 1902, the defendant came to witness' house at Cecil, with two cows one a milch cow about three-quarter Jersey, and the other a red bull, and asked witness to let him put them in Mr Barganier's pasture, and he allowed him to do so; that defendant made no explanatory statement about the cows; that about a half an hour afterwards, Pleas Bradley brought a steer and Henry Garrett brought a cow, and by witness' permission, placed them in the same pasture, without any explanation; that defendant, Pleas and Henry, were all customers of Mr. Barganier; that afterwards he heard that said cattle were stolen, and he sent for defendant, Pleas and Henry, and told them to turn the cattle out of the pasture which they did, and the cattle left, running at large, and a few days afterwards, Jim Evans (the prosecutor) and H. J Alford came to him looking for four head of cattle, three the property of Evans and one the property of a man named Ribbins.

Pleas Bradley for the state testified that about December 7, 1902 defendant suggested to him and Henry Garrett, that the three go that night and steal some cows from Jim Evans and Jim Ribbins; that they agreed to go that night and did go and steal some cows, three from Evans and one from Ribbins; that the ones from Evans were a dark Jersey cow, a red bull and a steer, and the one from Ribbins, a milch cow, and carried them to Cecil and put them in Barganier's pasture, etc. The evidence of this witness tended to show that defendant, Garrett and himself stole...