133 Ala. 145 | Ala. | 1901
The ownership of the property is sufficiently laid in Garner, one of the members of the partnership. — 'Code, § 4909; White v. The State, 72 Ala. 195; Brown v. The State, 79 Ala. 51.
It follows from what Ave have said that the defendant was not entitled to have given the general affirmative charge requested by him.
In view of Thompson’s access to the basement of the store in which the goods alleged to have been stolen were kept and the fact that the windows and doors to this basement room were unbroken, it was entirely competent for the State to prove that the defendant was a porter in the store of the Sullivan & Hart Dry Goods Co., and that he had in his possession a key to the basement room under that store which opened upon the same alley upon which the basement of the other store opened. Clearly this testimony was relevant for the purpose of showing the defendant’s opportunity of aiding Thompson in committing the larceny, or for the purpose of showing that he had the opportunity of receiving the goods from Thompson through an opened door or window and concealing them in the basement to which he had a key until he could remove them.
'The overruling of the motion for a new trial is not revisable.
There is no error in the record, and the judgment of conviction must be affirmed.