Davis v. State
Supreme Court of Alabama
Appeal from the City Court of. Gadsden. Tried before the Hon. John IT. Disque. The appellant in this case, Ben Davis, Avas indicted, tried and convicted for letting a hog rnn at large in a stock laiv district in the county of EtoAvah. The indictment as preferred contained tAvo counts. The defendant’s demurrer to the 1st count Avas sustained.
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Appeal from the City Court of. Gadsden. Tried before the Hon. John IT. Disque. The appellant in this case, Ben Davis, Avas indicted, tried and convicted for letting a hog rnn at large in a stock laiv district in the county of EtoAvah. The indictment as preferred contained tAvo counts. The defendant’s demurrer to the 1st count Avas sustained. The 2nd count of the indictment Avas in Avords and figures as folloAvs: “The grand jury of said county further charge that before the finding of this indictment, Ben Davis did Avilfully permit a hog OAvned by him to go upon the crop of Thomas Turner…
1Opinion of the CourtHaralson, J.
The indictment was found under the act of December 7th, 1900, (Acts, 1900-1, p. 170) amending an act, “To prevent stock from running at large in several beats and parts of beats in EtoAvah county, approved February 8th, 1898. — Acts, 1898-99, p. 683.”
The indictment was demurred to on many grounds, the first of Avhicli Avas that it was based on an unconstitutional laAV. This contention proceeds on the alleged ground, as stated in the brief of counsel, that the act “does not confine either the boundaries within Avhich the stock 1uav is to be operated, or the persons Avho are to determine by…
2Cases cited5 opinions
- Hand v. StapletonSupreme Court of Alabama · 1902
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
- Newell v. StateSupreme Court of Alabama · 1896
- Bodine v. StateSupreme Court of Alabama · 1900
- Compton v. StateSupreme Court of Alabama · 1891
3Cited by12 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Lacey v. StateAlabama Court of Appeals · 1915
- Thompson v. Tobacco Root Co-Op. State Grazing DistrictMontana Supreme Court · 1948
- Ward v. State ex rel. ParkerSupreme Court of Alabama · 1908
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