Thomas v. State

• Decision Date: 08 April 1897
• Citation: 114 Ala. 31,21 So. 784
• Parties: THOMAS v. STATE.
• Court: Alabama Supreme Court

21 So. 784

114 Ala. 31

THOMAS v. STATE.

Supreme Court of Alabama

April 8, 1897

Appeal from circuit court, Wilcox county; R. Gaillard, Special Judge.

John Thomas was indicted, tried and convicted for grand larceny in that he stole a bale of cotton, and appeals. Affirmed.

On the trial of the cause, the defendant interposed a plea of former conviction, setting up the facts, that upon being arrested upon a warrant issued by J. H. Keenan, a justice of the peace in and for Dallas county, upon an affidavit being made before the said justice of the peace by one Sam Jones, charging the defendant and one Andrew Campbell with having stolen a bale of cotton belonging to said Jones, he was carried before the justice of the peace, and pleaded guilty; and that J. H Keenan, as justice of the peace, had jurisdiction of the offense with which the defendant was charged. The other averments of this plea are copied in the opinion.

The facts disclosed after issue joined upon this plea, are sufficiently stated in the opinion.

There was evidence tending to show that the defendant was guilty as charged in the indictment. The only evidence offered by the defendant was in reference to his having been tried before the justice of the peace.

Upon the introduction of all the evidence, the court at the request of the state, gave to the jury the following written charge: "If the jury believe the evidence beyond all reasonable doubt, they must find the issue in favor of the state." The defendant duly excepted to the giving of this charge, and also excepted to the court's refusal to give the following charge requested by him: "The court charges the jury that if they believe from the evidence that the offense of which the defendants were convicted by J. H Keenan, justice of the peace, is the same offense charged in the indictment in this case, then the jury must find the issues in favor of the defendants."

Virginius W. Jones, for appellant.

Wm. C Fitts, Atty. Gen., for the State.

HARALSON J.

The defendants pleaded former conviction, for "that they are now charged in the present indictment as having feloniously taken and carried away one bale of cotton, the personal property of Sam Jones, which defense, defendants allege is based upon and is the same transaction and larceny as alleged in the same complaint aforesaid of said J. H. Keenan, J. P.," etc. The plea further sets up, "that J. H. Keenan, J. P., had jurisdiction to try and dispose of the offense with which these defendants were charged." On this plea the state took issue.

The property having been stolen in Wilcox and carried into Dallas, the jurisdiction of the offense was in either county. Cr. Code 1886, § 3723.

The affidavit for the arrest, charged simply the stealing of one bale of cotton by defendants from affiant, without stating any value. The warrant that issued was on a charge of larceny against the defendants. It was dated the 9th of November 1895, and purports to have been "executed by W. H. Cravy." Whether he was an officer of the law or not, does not...