Legal Opinion

Hill v. State

Supreme Court of Alabama

Decided June 15, 1869PublishedCited by 9 opinions

Appeal from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. The opinion contains the facts of this case. 1. The first charge was erroneous, because it authorized the jury to convict the defendant, although the offense was committed in the connty of Macon. Section 3945 (397) of the Penal Code is unconstitutional. — See § 8 of Declaration of Eights; Armstrong v. The State, 1 Caldwell, 338 ; Bish. Crim.

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Appeal from the Circuit Court of Bullock. Tried before the Hon. J. McCaleb Wiley. The opinion contains the facts of this case. 1. The first charge was erroneous, because it authorized the jury to convict the defendant, although the offense was committed in the connty of Macon. Section 3945 (397) of the Penal Code is unconstitutional. — See § 8 of Declaration of Eights; Armstrong v. The State, 1 Caldwell, 338 ; Bish. Crim. Law, vol. 2, § 837, 2d edition. 2. The second charge is erroneous. — Pierce v. The State, 7 Ala. 728; Bish. Crim. Law, vol. 2, § 837, 2d edition. 3. The charge requested by…

1Opinion of the CourtPeck, C. J.

We have examined the record in this case, without discovering any available error in it for the appellant.

The appellant, Wash Hill, was prosecuted in the county court of Bullock county, for unlawfully and maliciously killing a hog, said to belong to one Betty Ray, found guilty, and fined twenty dollars.

From the judgment of the county court, he appealed to the circuit court of that county, was there tried by a jury, without indictment, on a statement made by the solicitor, under section 4059 of the Revised Code, convicted, and fined fifty dollars.

It was admitted, on the trial, that the hog was…

2Cases cited2 opinions

  1. Morris v. StateSupreme Court of Alabama · 1854
  2. McElhaney v. StateSupreme Court of Alabama · 1854

3Cited by9 opinions

  1. Rowe v. StateSupreme Court of Alabama · 1943
  2. Hobson v. StateSupreme Court of Alabama · 1870
  3. Boice v. StateAlabama Court of Appeals · 1914
  4. Dugger v. TayloeSupreme Court of Alabama · 1871
  5. People v. OlsenUtah Supreme Court · 1889

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