Bryant v. StateBryant v. State
On February 20, 1906, a warrant was regularly issued, on affidavit charging defendant with petit larceny, out оf the county court of Lee county, and was, of course, returnable thereto. It wаs executed on March 8, 1908. On July 1, 1907, the Lee county law and equity court came into legal existence. — Acts Beg. Sess. 1907, p. 263. By act approved February 28, 1907 (Loc. Acts 1907, p. 289), the. сounty court of Lee county was abolished, and it was provided that “all cases рending in said county court of Lee county are hereby transferred to the Lee county court of law ánd equity.” The denial of jurisdiction of the law and equity court to try this defendant is predicated upon the idea that the transfer of pending causes theretо did not embrace prosecutions instituted in the county court, process in connection with which had not been executed. The word “pending” cannot be given the restriсted meaning ascribed to it by the appellant. The intended meaning of the term “pеnding” was that all undecided cases in the county court should pass to the law and equity court. That is the common acceptation of it, as here employed.
Sеction 8 of the act creating the law and equity court requires the trial of misdemeanors “returned by justices of the peace, or appeals from justices or other courts,” to be “tried upon complaint of the solicitor.” This case, transferrеd by the act abolishing the county court, does not. belong to either of the classes enumerated or stated in section 8; and hence the solicitor was not required to file a complaint.
The proof on the trial showed without conflict that the prоperty lost by Thornton Avas $10 or $12 in money. Under the larceny statute the taking of propеrty of that value is grand larceny. The defendant insists that he could not, under this state of proof, be convicted of petit larceny as charged in the affidavit. The contention cannot be sustained as the statute now stands. - The result would have probably been different, had the statute been as in the Code of 1886. — See Stone’s Case, 115 Ala.
Such being the case, the conviction of the defendant of petit larceny .under the later statute (Code 1896), notwithstanding the proof showed a value sufficient to make the offense larceny, affected to bar a prosecution for grand larceny for the same act. In consequence, the defendant.is unharmed by, and cannot complain of, a conviction of a lesser grade1 of оffense than that the value taken would have sustained. The testimony tended to show that Thornton, whose money was alleged to have been taken by defendant, told defendant that he had found out who got his money, and the further* testimony tending to show that defendant left defenant’s wagon and disappeared was clearly admissible, in connection with оther testimony tending to show flight and as evidencing a noninnocent, motive for such flight, if the jury so сontemplated his sudden departure.
The affirmative charge for defendant was well re fused. The question of defendant’s guilt was for the jury. The trial was without prejudicial error, and the judgment is affirmed.
Affirmed.