Scott v. State, 6 Div. 945
| Decision Date | 17 June 1975 |
| Docket Number | 6 Div. 945 |
| Citation | 55 Ala.App. 318,314 So.2d 921 |
| Parties | Chervis Elroy SCOTT v. STATE. |
| Court | Alabama Court of Criminal Appeals |
William J. Baxley, Atty. Gen. and J. Brent Thornley, Asst. Atty. Gen., for the State, appellee.
Buying, receiving and concealing stolen property; five years.
Chervis Elroy Scott along with R. D. Dulaney was charged with grand larceny of four hogs and buying, receiving and concealing or aiding in concealing stolen property.
Before trial, counsel was appointed to represent appellant and after a motion for severance was granted, appellant was tried on this indectment:
'The Grand Jury of said County charge that before the finding of this Indictment, Chervis Scott and R. D. Dulaney, whose names are to the Grand Jury otherwise unknown, feloniously took and carried away two black hogs or shoats, weighing about forty pounds each and of the value of about forty dollars each, and two white hogs or shoats weighing about sixty pounds each and of the value of about fifty dollars each, all of the total value of about one hundred and eighty dollars, the personal property of Floyd Long, against the peace and dignity of the State of Alabama.
'COUNT TWO:
'The Grand Jury of said County charge that before the finding of this Indictment, Chervis Scott and R. D. Dulaney, whose names are to the Grant Jury otherwise unknown, did buy, receive, conceal, or aid in concealing two black hogs or shoats weighing about forty pounds each, of the value of about forty dollars each, and two white hogs or shoats weighing about sixty pounds each, of the value of about fifty dollars each, all of the total value of about one hundred and eighty dollars, the personal property of Floyd Long, which had been stolen from Floyd Long, the said Chervis Scott and R. D. Dulaney knowing or having reasonable grounds for believing that they had been stolen, and not having the intent to restore them to the owner, against the peace and dignity of the State of Alabama.'
The evidence presented in support of this indictment was: Floyd Long and Willie Johnson had adjoining farms and were jointly engaged in a hog-raising enterprise. In August, 1973, Willie Johnson purchased four hogs with money given him by Long and about the same time, Johnson traded a cow for five more.
It was Johnson's duty to look after and feed the 25 or 30 hogs and the cost of the feed was borne jointly. Johnson stated that he and Long were partners in the hogs 'and were in 'halfwards' on all of them.'
On December 12, 1973, Johnson made his daily visit to the hog pasture but on this occasion he noticed there were two white and two black ones missing. Johnson informed Long who complained to Sheriff Miles about the missing hogs.
Later the sheriff discovered four hogs meeting the description of the missing ones on a place owned by John L. Cochrane. After receiving this information Long and Johnson went to the Cochrane place. There they identified two of three hogs as belonging to them. They also learned two others had been taken to Hackleburg by Cochrane's son. Johnson explained he would have known the white hogs anywhere: '. . . their ears stuck straight up and their tails had been cut off as short as they could be cut off.' The next day the sheriff picked up the hogs at the Cochrane farm and later seized the two held by Cochrane's son in Hackleburg.
Sheriff Miles testified that after the hogs were identified he received a statement from John L. Cochrane naming appellant as the person selling the hogs to him.
John L. Cochrane testified that appellant came to his house about 7:00 P.M., on December 11, 1973, just before Cochrane was to go to the Christmas parade. Appellant was accompanied by two other men and had two black pigs in the truck. After some bargaining it was agreed that Cochrane would pay $20., a held for four hogs; the two appellant had and two more which he would deliver later that night. When Cochrane returned from the parade, he paid appellant $80.00, for the our. Cochrane then sold one hog to his son and one to his brother.
Floyd Long reiterated that he and Willie Johnson owned the pigs together. It was his judgment the value of the black pigs was between $40. and $50. a head, and the two white ones were worth a little more. He added that the appellant did not have his permission to remove the hogs.
The only testimony offered by appellant was by way of alibi through his sister, Shelbie Jean Dulaney. She testified that on December 11, 1973, appellant was at his home watching television about 5:30 or 6:00 P.M., and when she returned to appellant's home from the Christmas parade between 9:00 and 9:30...
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Simpson v. State
...that the property was stolen. Smitherman v. State, Ala.Cr.App., 340 So.2d 896, cert. denied 340 So.2d 900 (Ala.1976); Scott v. State, 55 Ala.App. 318, 314 So.2d 921 (1975); Tanner v. State, 37 Ala.App. 256, 66 So.2d 827 (1952) (cert. granted 259 Ala. 306, 66 So.2d 836 (1953) reversed on oth......
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Waters v. State, 4 Div. 578
...or aided in concealing the goods, knowing that they were stolen, and without an intent to restore them to the owner. Scott v. State, 55 Ala.App. 318, 314 So.2d 921 (1975); Title 14, § 338, Code of Ala. The first element listed above was clearly proven at trial. Mr. Luckfield testified that ......
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