Northcot v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Horn J. McCaleb Wiley. The facts necessary to an understanding of the points decided, will be found in the opinion. 1. The court erred in allowing Anderson, the party injured, and who, by section 3738 of the Revised Code, was interested, to testify.
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Appeal from the Circuit Court of Pike. Tried before the Horn J. McCaleb Wiley. The facts necessary to an understanding of the points decided, will be found in the opinion. 1. The court erred in allowing Anderson, the party injured, and who, by section 3738 of the Revised Code, was interested, to testify. Under the law in Aikin’s Digest, 113, § 73, this court decided, in the case of The State v. Truss, (9 Por. 126,) that “ if the State succeeds, and a conviction ensues, it does not necessarily follow, that the party injured will be benefitted by this result, for the jury may inflict…
1Opinion of the CourtPeck, C. J.
The appellant was indicted under section 3733 of the Bevised Code, for malicious injury to animals. It appeared in evidence that the injury was inflicted by shooting. On the trial, the State offered as a witness the owner of the animals charged to be injured, and he was admitted, against the objection of the accused, who thereupon excepted to the ruling of the court.
Eor this offense, the punishment, on conviction, is a fine of not less than twenty, and not exceeding five, hundred dollars, and imprisonment in the county jail, or hard labor for the county, for not more than six months.
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