Carnley v. StateCarnley v. State
It is first contended that the trial court erred in overruling and denying the defendant‘s motion for a new trial, which presents the question of the sufficiency of the evidence to sustain the verdict. The evidence shows that the owner of the hogs was a filling station operator living across the line in Alabama. He moved five head of hogs over in Escambia County, Florida, and for some time fed them at the head of Escambia Creek and not a great distance from
The defendant‘s explanation of the hogs being in his possession was that they had broken through his fences and were interfering with stock, feed and crops, but that there was no intent to steal them as shown by the fact that the hogs were kept in a pen near a public or settlement road and could be observed by the general public. Likewise the hogs were open to view by the general public when about his farm prior to the time they were placed in a pen. The defendant‘s knowledge was limited as to the change or alteration of the marks so as to obliterate the true marks of the owner. It is possible that the jury weighed this fact with other evidence in the case in reaching a verdict in the case. The rule is that unexplained possession of
It is next contended that the trial court erred in denying the defendant‘s motion for a directed verdict because the county solicitor on cross examination of the defendant‘s witness Charley Williamson, made an effort to determine the knowledge of the witness as to the general reputation of the defendant in the community in which he (the defendant) lived, the witness having testified on direct examination that the defendant‘s general reputation was good. The law is well established that a defendant in a criminal case may place in issue his good reputation to be considered by the jury along with other evidence in reaching a verdict. The record here shows the defendant was granted that right, and the county solicitor had a right to determine by cross examination the knowledge or lack of knowledge on the part of the witness Williamson as to the general reputation of the defendant in the community in which he lived or resided. The facts on which this good reputation rested were sought on cross examination by asking if he (Williamson) had heard or learned that the defendant during this period had been accused of cow stealing. The question was answered in the negative. We fail to comprehend that such an inquiry had the legal effect of charging the defendant with another crime, namely, cow stealing, when the point to be developed was Williamson‘s knowledge of the defendant‘s general reputation in the community in which he lived. We fail to find merit in this assignment.
It is next contended that the trial court erred in not giving the defendant‘s requested charge, viz.: “The court
The entire record has been carefully studied, the briefs of counsel read and authorities cited examined, and the Court has heard able argument at the bar of this Court and it seems to the Court that there is no error in the record.
The judgment appealed from is hereby affirmed.
Whitfield and Thomas, J. J., concur.
Brown and Buford, J. J., dissent.
Chief Justice Terrell not participating as authorized by
Brown, J. (dissenting).—When all the evidence in this case is considered—and it would take considerable time and space to review it all, I do not think the State bore the burden which rested upon it to prove that the defendant had any intention to steal when he put those stray shoats in his pen after they had been breaking through his fence and depredating in his peach orchard for about three weeks. Shortly after he did this, the owner, with a constable, came along inquiring about his stray hogs, and the defendant told them he had some hogs in his pen that he, the defendant, did not own, and that if they were Barnes’ hogs, he could have them. Barnes and the officer went down to the pen and identified them as his, and they were delivered
I think the motion for new trial should have been granted.