Cross v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. Wm. Jackson. The prosecution was begun by warrant and affidavit. The facts sufficiently appear in the opinion. The court in its oral charge said : “Evidence upon the part of the state shows defendant on the 8th day of August passing along on the property of Vandeford.” There, was objection to this statement.
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Appeal from Bessemer City Court. Heard before Hon. Wm. Jackson. The prosecution was begun by warrant and affidavit. The facts sufficiently appear in the opinion. The court in its oral charge said : “Evidence upon the part of the state shows defendant on the 8th day of August passing along on the property of Vandeford.” There, was objection to this statement. Further charging-the jury orally, the court said: “I charge you as a matter of law that there are only three ways in Alabama to establish a public road; that, one is by board of revenue or county commissioners, one by dedication, and one…
1Opinion of the CourtDowdell, J.
The prosecution in this case was commenced on affidavit and warrant, in which the defendant was charged with trespass after warning. The evidence without dispute showed that the prosecutor, Vandeford, was the owner and in possession of the land at the time o,f the alleged trespass, and that he had warned the defendant prior to the alleged trespass and within six months not to go upon the land. The land was entered by the prosecutor as a homestead, the same being government land, six years prior to the alleged trespass, and the prosecutor had built upon and improved the same and perfected his…
2Cases cited4 opinions
- McNeill v. StateSupreme Court of Alabama · 1893
- Harper v. StateSupreme Court of Alabama · 1895
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
- Wilson v. StateSupreme Court of Alabama · 1888
3Cited by12 opinions
- Childers v. StateCourt of Criminal Appeals of Alabama · 1992
- Carter v. WalkerSupreme Court of Alabama · 1914
- Barlew v. StateAlabama Court of Appeals · 1912
- Castona v. StateAlabama Court of Appeals · 1920
- Tutwiler Coal, Coke & Iron Co. v. TuvinSupreme Court of Alabama · 1908
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