Thomas v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Thomas was convicted of wantonly or maliciously disabling or injuring stock, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. John Thomas was convicted of wantonly or maliciously disabling or injuring stock, and he appeals. The affidavit ivas as follows (omitting the formal charging part) : “That John Thomas, within 12 months before the making of this affidavit, in said county, unlawfully, wantonly, or maliciously disabled, disfigured, or injured a mule, the property of affiant, against the peace and dignity of the state of Alabama.” After verdict, the defendant moved in arrest of judgment; but this is shown by the bill of exceptions, and is not…
1Opinion of the CourtAnderson, J.
The motion in arrest of judgment and the ruling thereon must be shown in the record proper, and cannot be reviewed when shown only in the bill of exceptions.—Hampton v. State, 133 Ala. 180, 32 South. 230.
It is insisted, however, that the failure of the affidavit to aver the value of the animal killed or injured, or the amount of the injury, renderéd it void, inasmuch as the fine is fixed according to the value, and that, if the affidavit is void, it will not support a conviction. If the affidavit is void, it will not support a conviction, and this court would have to take the point ex mero…
2Cases cited4 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- Francois v. StateSupreme Court of Alabama · 1852
- Hampton v. StateSupreme Court of Alabama · 1901
- Dunklin v. StateSupreme Court of Alabama · 1901
3Cited by13 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Hicks v. StateSupreme Court of Alabama · 1946
- Slater v. StateSupreme Court of Alabama · 1935
- James v. StateSupreme Court of Alabama · 1911
- Reynolds v. StateAlabama Court of Appeals · 1911
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