Wallace v. State
Supreme Court of Alabama
Appeal from Elmore County Court. Tried, before Hon. H. J. Lancaster. ,,The facts necessary are stated in the opinion. The,.following,charge ivas refused to’the defendant: “^’.criminal act1 and .a criminal intent must concur to constitute a crime, and if in this case the jury .find from ;the evidence that the defendant cut the wire ¿nd there wa^.po/yriminal. intent unlawfully or negligently to briiak, throw down, or destroy, the fence of Mary McLean, the jury'should find the…
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Appeal from Elmore County Court. Tried, before Hon. H. J. Lancaster. ,,The facts necessary are stated in the opinion. The,.following,charge ivas refused to’the defendant: “^’.criminal act1 and .a criminal intent must concur to constitute a crime, and if in this case the jury .find from ;the evidence that the defendant cut the wire ¿nd there wa^.po/yriminal. intent unlawfully or negligently to briiak, throw down, or destroy, the fence of Mary McLean, the jury'should find the defendant ‘not guilty.’ ” Ownership of the land properly laid in person in possession. — Hill v. State, 104 Ala. 84.
1Opinion of the CourtMcCLELLAN, C. J.
— This is a ..prosecution under section 5624 of-the Code for unlawfully, maliciously or negligently throwing down or breaking the fence or enclosure of another. The offense being against the possession rather, than against the ownership of land, the indictment, in this case properly laid the fence in the person who was in possession and the court properly refused to go into the inquiry whether a third person had title to the premises — Hill v. State, 104 Ala. 64.
•The wdtness W. D. Whetstone having testified for the defendant for the purpose of showing that the fence in question was erected…
2Cases cited1 opinion
- Hill v. StateSupreme Court of Alabama · 1893
3Cited by5 opinions
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Perry v. StateSupreme Court of Alabama · 1907
- Edgar v. StateSupreme Court of Alabama · 1908
- Foster v. StateAlabama Court of Appeals · 1932
- Ireland v. StateAlabama Court of Appeals · 1914