Johnson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Dekalb County; W. W. Harralson, Judge. Homer Johnson was convicted of malicious mischief, and he appeals. The offense charged is not covered by any statute of the state, and indictment was not good as a common-law indictment. 25 Cye. 1673, 1678, and cases cited.
1Opinion of the CourtMerritt, J.
The appellant was tried by the court without the intervention of a jury and was convicted. The indictment contains two counts, the first alleging that the defendant unlawfully, willfully, wantonly, or maliciously deposited rotten eggs or nauseous substance in the well of water of Will Pharr, which well was in use by Will Pharr at the time, and the second count alleges that the defendant “unlawfully and knowingly deposited a dead animal, rotten or decayed eggs or nauseous substance in the well of water of Will Pharr.”
Demurrers to the indictment were sustained as to the first count and…
2Cases cited4 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Barnett v. StateSupreme Court of Alabama · 1875
- State v. CawoodSupreme Court of Alabama · 1830
- State v. WattsSupreme Court of Arkansas · 1886
3Cited by10 opinions
- Rea v. Motors Ins. CorporationNew Mexico Supreme Court · 1944
- Williams v. StateCourt of Criminal Appeals of Alabama · 1975
- Philyaw v. City of BirminghamAlabama Court of Appeals · 1951
- Jackson v. StateAlabama Court of Appeals · 1952
- Horn v. StateCourt of Criminal Appeals of Alabama · 1973
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