Reese v. State
Supreme Court of Alabama
Appeal from Russell Circuit Court. Tried before Tíon. II. D. Clayton. At the fall term, 1880, of said court, the defendant, appellant here, was indicted for buying of receiving one hundred pounds of seed-cotton after the hour of sunset and before the hour of sunrise of the next succeeding day ; and at a.subsequent term he was tried and convicted.
Read the full summary
Appeal from Russell Circuit Court. Tried before Tíon. II. D. Clayton. At the fall term, 1880, of said court, the defendant, appellant here, was indicted for buying of receiving one hundred pounds of seed-cotton after the hour of sunset and before the hour of sunrise of the next succeeding day ; and at a.subsequent term he was tried and convicted. The evidence tended to show that at a late hour of the night one Martin carried a basket of seed-cotton to the. residence of the defendant, and by his direction, then given, “emptied the said basket of seed-cotton on a pile of seed-cotton on the…
1Opinion of the CourtBriokell, C. J.
— The indictment is founded on the statute (Code of 1876, § 4369), rendering it a misdemeanor to “buy, sell, receive, barter, or dispose of any cotton, corn, wheat, oats, peas, or potatoes, after the hour of sunset and before the hour of sunrise of the next succeeding day,” with an exception of sales, not now material to be noticed.
The question now raised is, whether the agent of a mortgagee, receiving seed-cotton from the mortgagor, the subject of the mortgage, within the prohibited hours, is guilty of the statutory offense. The words of the statute are plain and unambiguous ; and no rule is…
2Cases cited3 opinions
- Winter v. StateSupreme Court of Alabama · 1857
- Gilliam v. StateSupreme Court of Alabama · 1881
- State v. BellSupreme Court of Alabama · 1837
3Cited by9 opinions
- Arp v. StateSupreme Court of Alabama · 1892
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Leonard v. StateAlabama Court of Appeals · 1955
- Scott v. StateSupreme Court of Alabama · 1907
- Wilson v. StateAlabama Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.