Sunday, November 17, 2013

Thompson v. State case brief

Thompson v. State case brief summary
 10 So. 520 (1891)


CASE SYNOPSIS
Defendant was incited for larceny from the person. The Circuit Court of Pike (Alabama) entered judgment convicting him, and defendant appealed.

CASE FACTS
The witness testified that defendant struck his hand and that the money in his hand was either knocked out of his hand or was taken by defendant. He could not tell positively which had occurred. Defendant challenged the refusal to charge the jury that it had to believe beyond a reasonable doubt that defendant got the money in question in his hand or actual possession of it before it could convict him of larceny.

DISCUSSION

  • The appellate court held that the trial court's charge that defendant could be convicted if the money was knocked out of the witness's hand with felonious intent was erroneous. 
  • Defendant could not be guilty of larceny if he did not get the money under his control. 
  • The larceny was not consummated if the money fell to the ground and defendant ran off without getting it. 
  • Defendant's requested charge was proper.

CONCLUSION
The judgment was reversed and remanded.

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