Legal Opinion

State v. Pierce

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 8 opinions

The defendant was indicted in the Circuit Court of Randolph, for unlawfully, wilfully, and maliciously, killing, by shooting with a riñe gun, a certain spotted bull of the value of twenty dollars, belonging to some person to the jurors unknown. To this indictment was entered the plea of not guilty, and the issue being submitted to a jury, a verdict of guilty was returned, and judgment rendered accordingly for the fine assessed, of twenty- five dollars, &c.

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The defendant was indicted in the Circuit Court of Randolph, for unlawfully, wilfully, and maliciously, killing, by shooting with a riñe gun, a certain spotted bull of the value of twenty dollars, belonging to some person to the jurors unknown. To this indictment was entered the plea of not guilty, and the issue being submitted to a jury, a verdict of guilty was returned, and judgment rendered accordingly for the fine assessed, of twenty- five dollars, &c. At the request of the defendant, certain questions were referred, as novel and difficult, to this Court, for its decision, which may be…

1Opinion of the Court

COLLIERj C. J.

— It is enacted by the fifth section of the fourth chapter of the Penal Code, that “If any person shall unlawfully, wilfully, and maliciously kill, or disable, any horse, mare, or gelding, colt or filly, ass or mule, or any goat, sheep, or cattle, or any hog or live stock, of any kind or description whatever, belonging to any other person ; or shall,” &c. “ every person so offending, shall, on conviction of any of the aforesaid offences, be fined in a sum equal to five fold the value of the property injured or destroyed,” &c. The seventh section of the same chapter provides,…

2Cited by8 opinions

  1. Haley v. StateSupreme Court of Alabama · 1879
  2. Johnson v. StateSupreme Court of Alabama · 1878
  3. and 14CA1436. People v. HarrisColorado Court of Appeals · 2016
  4. Hobson v. StateSupreme Court of Alabama · 1870
  5. People v. JonesIllinois Supreme Court · 1909

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