State v. Garner
Supreme Court of Alabama
Error to the Circuit court of Montgomery. Indictment for malicious mischief, tried by Judge. A. Martin. This was an indictment against the defendant, for malicious mischief, in killing a mare, the property of one Henry Cannon. Issue being joined on the plea of not guilty, the jury found a verdict against the defendant, of 'two hundred dollars.
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Error to the Circuit court of Montgomery. Indictment for malicious mischief, tried by Judge. A. Martin. This was an indictment against the defendant, for malicious mischief, in killing a mare, the property of one Henry Cannon. Issue being joined on the plea of not guilty, the jury found a verdict against the defendant, of 'two hundred dollars. A motion was made in arrest of judgment, on the ground that the value of the mare charged in the indictment to have been maliciously killed by the defendant, was not averred in the indictment; which motion, the court overruled, but reserved the point…
1Opinion of the CourtOrmond, J.
— The statute on. which this, indictment is.,founded, is to tt)e following effect:
*448“ From and after the passage of this act, any person or persons, who shall unlawfully, maliciously and wilfully, kill, wound, or disable any horse, mare or gelding, colt or filly, jack, jennet or mule, or any goat, sheep or cattle, or any hog, or live slock, of any kind or description whatever, belonging to any other person or persons, or shall, &c.; every person or persons so offending, shall, on conviction of any of the aforesaid offences, by sufficient and satisfactory testimony, in any Circuit court having…
2Cited by8 opinions
- Southern Union Co. v. United StatesSupreme Court of the United States · 2012
- Dunklin v. StateSupreme Court of Alabama · 1901
- Worrell v. StateCourt of Criminal Appeals of Alabama · 1978
- Adams v. StateSupreme Court of Alabama · 1877
- State v. HeathTexas Supreme Court · 1874
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