Stringer v. State
| Decision Date | 12 February 1903 |
| Citation | 135 Ala. 60,33 So. 685 |
| Parties | STRINGER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Gadsden; John H. Disque, Judge.
George Stringer was convicted of larceny from the person, and he appeals. Reversed.
P. E. Culli, for appellant.
Chas. G. Brown, Atty. Gen., for the State.
The offense alleged against the defendant, and for which he was tried and convicted, was a felony. Section 5049, Code. The only evidence offered by the state tending to incriminate him was the possession of the money charged to have been stolen, and certain accusations made against him in his presence that he committed the larceny as alleged in the indictment, which he denied. There was no proof, independent of that afforded by this evidence, of the corpus delicti. On the authority of Smith v. The State, 133 Ala. 145, 31 So. 806, and Matthews v. The State, 55 Ala. 187, we are constrained to hold that this evidence was not sufficient to support a conviction, and that the affirmative charge requested by defendant should have been given.
Reversed and remanded.
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McCullars v. State
...State (Ala. Sup.) 93 So. 460; Matthews v. State, 55 Ala. 187; Smith v. State, 133 Ala. 145, 31 So. 806, 91 Am. St. Rep. 21; Stringer v. State, 135 Ala. 60, 33 So. 685. court, in Hill v. State (Ala. Sup.) 93 So. 460, stated: "It must be considered as settled that inconclusive facts and circu......
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Johnson v. State
...a conviction of felony." Matthews v. State, 55 Ala. 187; Smith v. State, 133 Ala. 145, 31 So. 806, 91 Am. St. Rep. 21; Stringer v. State, 135 Ala. 60, 33 So. 685 and remanded. TYSON, SIMPSON, and ANDERSON, JJ., concur. ...
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