Madison v. State
Alabama Court of Appeals
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. George Madison was convicted of violating the stock law, and he appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. George Madison was convicted of violating the stock law, and he appeals. The indictment was subject to the demurrers interposed. — Robinson v. State, 100 Ala. 123'; Hill v. State, 120 Ala. 392; Mayo v. State, 89 Ala. 38; 7 Mo. 301; 77 Ky. 161; 83 Ind. 512; 23 Cyc. 216. By allowing his stock to run at large in Walker county, defendant did not violate any law, the venue of which applied only to Fayette county. — Vaughn v. Walker, 133 Ala. 659; Jones v. Hines, 157 Ala. 629. There is a field of operation for both the local and…
1Opinion of the CourtThomas, J.
The indictment upon which defendant was convicted charged, in the language of section 7813 of the Code:
“That, before the finding of the indictment, George Madison, being the owner or person in control of live stock prohibited from running at large, did knowingly permit such stock to go upon the lands of another within a stock-law district without the consent of the owner of such lands,” etc.
The indictment was demurred to on numerous grounds, all of which were overruled.
We are of opinion that two of these grounds contained merit, being those pointing out the fact that the *227indictment failed to…
2Cases cited17 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Eskridge v. StateSupreme Court of Alabama · 1854
- Savage v. WallaceSupreme Court of Alabama · 1910
- Jones v. StateSupreme Court of Alabama · 1902
- Martha v. StateSupreme Court of Alabama · 1855
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3Cited by3 opinions
- Shoults v. StateAlabama Court of Appeals · 1922
- Lipscomb v. StateAlabama Court of Appeals · 1949
- Marcum v. StateAlabama Court of Appeals · 1945