Legal Opinion

Howard v. State

Alabama Court of Appeals

Decided March 18, 1919No. 1 Div. 314PublishedCited by 15 opinions

Appeal from Circuit Court, Washington County; Ben D. Turner, Judge. James M. Howard was convicted of unlawfully entering the lands of another and cutting, girdling, or boxing pine trees for the purpose of obtaining crude turpentine, and he appeals.

1Opinion of the CourtBricken, J.

[1] This prosecution originated in the county court, and from a judgment of conviction in that court the defendant appealed to the circuit court, and was there tried and convicted under the original complaint. No brief statement of the cause of complaint was made by the solicitor as required by section 6780 of the Code of 1907, and the record here fails to show a waiver of the required statement. This was error. Moss v. State, 42 Ala. 546; Haynes v. State, 5 Ala. App. 167, 59 South. 325. The record in the instant case is very similar to the records in the Moss Case and Haynes Case, supra. The…

2Cases cited2 opinions

  1. Moss v. StateSupreme Court of Alabama · 1868
  2. Haynes v. StateAlabama Court of Appeals · 1912

3Cited by15 opinions

  1. Stegall v. StateCourt of Criminal Appeals of Alabama · 1993
  2. Perry v. StateAlabama Court of Appeals · 1919
  3. Latikos v. StateAlabama Court of Appeals · 1921
  4. Jacobs v. StateAlabama Court of Appeals · 1920
  5. Owens v. StateAlabama Court of Appeals · 1924

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