Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 14 opinions

Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The appellant, Dock Johnson, was convicted on an indictment, charging in a single count, that he “wilfully and masr liciously trespassed upon the lands of William B. Westcott, by cutting down or destroying a quantity of wood or timber, at tbe time growing thereon,” against the peace, &c.

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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The appellant, Dock Johnson, was convicted on an indictment, charging in a single count, that he “wilfully and masr liciously trespassed upon the lands of William B. Westcott, by cutting down or destroying a quantity of wood or timber, at tbe time growing thereon,” against the peace, &c. On the trial, the State introduced David Westcott, who testified that, within, twelve months before the finding of the indictment, he found defendant on some wood land belonging to William B. Westcott, loading a one-horse wagon with…

1Opinion of the CourtStone, J.

Section 4417 of the Code of 1876 converts into crimes certain acts which, at common law, were mere civil trespasses. It is divided into two classes. The one consists in wilfully and maliciously committing a trespass on the lands of another, “ by cutting down or destroying any Avood or timber groAving thereon, or by severing from the freehold any produce thereof, or any property or thing thereto attached.” It avíII bo observed that this offense, the other ingredients being present, is complete, Avithout the asportavit. The controlling Avords are wilfully and maliciously. No matter how…

2Cases cited4 opinions

  1. Mitchell v. StateSupreme Court of Alabama · 1877
  2. Northcot v. StateSupreme Court of Alabama · 1869
  3. State v. PierceSupreme Court of Alabama · 1845
  4. Johnson v. StateSupreme Court of Alabama · 1861

3Cited by14 opinions

  1. Farmers Insurance Exchange v. Village of HewittSupreme Court of Minnesota · 1966
  2. Keats v. StateWyoming Supreme Court · 2003
  3. People v. SwiggyCalifornia Court of Appeal · 1924
  4. Wiggin v. StateWyoming Supreme Court · 1922
  5. Dutton v. StateAlabama Court of Appeals · 1933

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