Wheeler v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The appellant, L. C. Wheeler, was convicted on the charge that he “did unlawfully, maliciously or negligently break a fence, the property of D. Boutwell, against the peace and dignity of the State of Alabama.”
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Appeal from the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. The appellant, L. C. Wheeler, was convicted on the charge that he “did unlawfully, maliciously or negligently break a fence, the property of D. Boutwell, against the peace and dignity of the State of Alabama.” On the trial, as shown by the bill of exceptions, Dixon Boutwell, the prosecutor, testified that, before the prosecution was instituted, the defendant knocked down with his ax a fence, which was the property of the'witness and was on land owned by the witness. It was shown by the witness that the prosecutor and…
1Opinion of the CourtBrickell, C. J.
The declaration of Sam Wheeler as to the location of a stake on a boundary line between his lands and the lands of another person, made in the absence of the defendant, if the fact was relevant, was mere hearsay, and inadmissible.
The presence of the prosecutor, when Adams, a surveyor, ran the line separating his lands from the lands of the defendant, for the known purpose of ascertaining the true line, and whether any part of the fence, the matter of controversy, was on the lands of the defendant, are undisputed facts. If it be not true, as some of the ‘evidence indicates, that the prosecutor…
2Cases cited4 opinions
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Seymour v. WatsonIndiana Supreme Court · 1841
- Hill v. StateSupreme Court of Alabama · 1893
- Brady v. MaloneSupreme Court of Iowa · 1856
3Cited by9 opinions
- S. H. Kress & Co. v. BarrattSupreme Court of Alabama · 1933
- Cochrane v. McDermott Advertising AgencyAlabama Court of Appeals · 1912
- Groves v. SegarsSupreme Court of Alabama · 1972
- Hill v. StateCourt of Criminal Appeals of Alabama · 1981
- Edgar v. StateSupreme Court of Alabama · 1908
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