Flowers v. State
Supreme Court of Alabama
Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Etmma Flowers was convicted of allowing a cow to run at large, and she appeals.
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Appeal from Coffee County Court. Heard before Hon. J. N. Ham. Etmma Flowers was convicted of allowing a cow to run at large, and she appeals. In its oral charge the court read to the jury section 7813, Code 1907, and further charged the jury that if the cows or yearlings in question belonged to defendant or were under her control, and they believed the same beyond a reasonable doubt, and that she knowingly permitted said cattle to run at large off of defendant’s premises, she was guilty. The following charge was refused to the defendant: (1) Unless the jury believe beyond a reasonable doubt…
1Opinion of the CourtAnderson, J.
Section 7813 of the Code of 1907 prohibits the owner or person in control of stock from knowingly permitting stock to go upon the lands of another in any stock district, and without the consent of the owner of the land. The local act for Coffee county (section 1, p. 1242, Acts 1900-01) makes it unlawful only for the owner of the stock to knowingly, voluntarily, or wilfully permit certain animals to go at large in said county. The general statute is directed both at the owner and the person in control of the stock, and makes it an offense for them to knowingly permit stock *150to go upon the lands…
2Cases cited1 opinion
- Barnhill v. TeagueSupreme Court of Alabama · 1892
3Cited by2 opinions
- State v. SkinnerAlabama Court of Appeals · 1924
- George v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1921