Campbell v. State
Supreme Court of Alabama
Error to the Criminal Court of Mobile. Before the Hon. John E. Jones, Judge. This was an indictment against plaintiff in error for a nuisance in erecting and continuing a number of large posts in the Mobile river, so as to obstruct the navigation thereof. A verdict of guilty was returned by the jury, and thereupon a judgment was rendered,’ which is sufficiently set out in- the opinion of the court for a full understanding of the question involved.
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Error to the Criminal Court of Mobile. Before the Hon. John E. Jones, Judge. This was an indictment against plaintiff in error for a nuisance in erecting and continuing a number of large posts in the Mobile river, so as to obstruct the navigation thereof. A verdict of guilty was returned by the jury, and thereupon a judgment was rendered,’ which is sufficiently set out in- the opinion of the court for a full understanding of the question involved. The judgment of the court is now assigned as error. 1. The error relied on is, that the court gave judgment that the sheriff should abate the…
1Opinion of the CourtCollier, C. J.
The indictment charges that the nub sanee for the erection of which the defendant was convicted is continuing, and the only question raised is, whether the judgment prescribing the manner of its abatement is legal. After the recovery of the fine assessed by. the verdict, the judgment proceeds thus, “ and it is further ordered by the court, that the nuisance be abated forthwith at the costs of the defendant, and the sheriff is charged with the execution of this order.” This is certainly a judicial sentence, and in effect, is precisely the same as if the sheriff had been commanded in totidem…
2Cases cited2 opinions
- People v. ComstockNew York Supreme Court · 1832
- Barnet v. IhrieSupreme Court of Pennsylvania · 1828
3Cited by2 opinions
- Cabbell v. WilliamsSupreme Court of Alabama · 1899
- People v. High Ground Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1915