Supreme Court of Alabama December 15, 1880 (Bonham v. State)

STONE, J.

— The criminating evidence in this case locates the act charged as a larceny, in October. Having introduced evidence of that particular act, the prosecution would be held to have elected to try the accused on that particular charge, and would not be allowed to shift the ground, and claim a conviction for another and distinct act. — Peacher v. The State, 61 Ala. 22.