Lockhart v. State
Alabama Court of Appeals
Appeal from Clarke County Court. Heard before Hon. Ti-iomas W. Davis. Richard Lockhart was convicted of hunting on the lands of another without permission, and he appeals. Charge 2 is as follows: “The court charges you, gentlemen of the jury, that the burden is on the state to convince you by the evidence beyond a reasonable doubt that the defendant did not have written permission from any of the owners of the land in question to hunt on said land.”
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Appeal from Clarke County Court. Heard before Hon. Ti-iomas W. Davis. Richard Lockhart was convicted of hunting on the lands of another without permission, and he appeals. Charge 2 is as follows: “The court charges you, gentlemen of the jury, that the burden is on the state to convince you by the evidence beyond a reasonable doubt that the defendant did not have written permission from any of the owners of the land in question to hunt on said land.” The oral charge was as follows: “If' you believe that Curtis McCorquodale has been in undisputed possession of that land for any length of time,…
1Opinion of the Court
WALKER, P- J.-
In support of the charge made in the indictment that the defendant “hunted on the lands of Curtis McCorquodale, without first having obtained from the owner or agent thereof a written permission to do so,” evidence ivas offered which tended to prove that the defendant hunted on lands known as McCor- $ quodale’s woods pasture without having obtained written permission of Curtis McCorquodale to hunt on said land. Over objections of the defendant said McCorquodale was permitted to testify as a witness for the state that the land mentioned was in his possession, and that he was in…
2Cases cited1 opinion
- Johnson v. StateAlabama Court of Appeals · 1911
3Cited by3 opinions
- Blakeney v. StateAlabama Court of Appeals · 1942
- Robinson v. StateAlabama Court of Appeals · 1913
- Paterson v. RushHawaii Supreme Court · 1939