McDade v. State
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon Geo. Goldthwaite. The rules of evidence in civil and criminal cases are the same; 1 Greenl. Ev. 82. In a declaration in trespass, when the trespasses are laid to have been committed between two periods of time, evidence is not admissible to prove a trespass committed without that period.
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Error to the Circuit Court of Montgomery. Tried before the Hon Geo. Goldthwaite. The rules of evidence in civil and criminal cases are the same; 1 Greenl. Ev. 82. In a declaration in trespass, when the trespasses are laid to have been committed between two periods of time, evidence is not admissible to prove a trespass committed without that period. Gould’s Pleading 106, and eases cited in note. 1. The necessity of averring any time in an indictment of the commission of the offence, except when time enters into the character of crime, has been regarded as questionable, by tbe Supreme Court of…
1Opinion of the CourtChilton, J.
The plaintiff in error was indicted as an overseer of a public road, for failing to keep the causeways and bridges, within his precinct, in good repair, but suffering them to remain uncleaned and out of repair for the space of ten days at one time, “between the time of his appointment and that period when it was to cease, to-wit: between the tenth day of November, 1850, and the tenth day of December, 1850, without being hindered by high water, bad weather, or other sufficient cause,” &c.
The general rule requires the pleader to state some time when the offence was committed, within the period…
2Cases cited2 opinions
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Crawford v. CamfieldSupreme Court of Alabama · 1844
3Cited by6 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Blakeney v. StateSupreme Court of Alabama · 1943
- Smith v. StateCourt of Criminal Appeals of Alabama · 1989
- Rhodes v. CommonwealthSupreme Court of Virginia · 1884
- Howard v. IngersollSupreme Court of Alabama · 1853
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