Jacobs v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Frank Jacobs was convicted of knowingly permitting cattle to run at large and go upon the lands of another without his consent, in violation of the stock law regulations, and he appeals. Counsel insist that under the evidence the defendant was entitled to the affirmative charge, and also upon the ground that the name of the owner of the land trespassed upon was not alleged and proven. 11 Ala.
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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Frank Jacobs was convicted of knowingly permitting cattle to run at large and go upon the lands of another without his consent, in violation of the stock law regulations, and he appeals. Counsel insist that under the evidence the defendant was entitled to the affirmative charge, and also upon the ground that the name of the owner of the land trespassed upon was not alleged and proven. 11 Ala. App. 225, 65 South. 848. Proof of possession was sufficient. He did not have to have actual title. Rule 35, C. C. P.; 155 Ala. 120,…
1Opinion of the CourtBricken, P. J.
The defendant was convicted for the offense of knowingly permitting his cattle to run at large or go upon the lands of J. H. Durham without his consent, within a stock law district, etc. The prosecution originated in the inferior criminal court of Madison county; the affidavit of one J. H. Durham being sworn to' and subscribed 1 before Carter H. Rice, clerk of said court. The warrant of arrest was duly issued and made returnable before the judge of the inferior criminal court of Madison county, Ala., and, so far as this court may know from the record before us, the cause is still pending in…
2Cases cited9 opinions
- Savage v. WallaceSupreme Court of Alabama · 1910
- Moss v. StateSupreme Court of Alabama · 1868
- Gordon v. StateSupreme Court of Alabama · 1875
- Haynes v. StateAlabama Court of Appeals · 1912
- Perry v. StateAlabama Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- Hydrick v. StateMississippi Supreme Court · 1963
- Palmer v. StateCourt of Criminal Appeals of Alabama · 1975
- McDonald v. StateAlabama Court of Appeals · 1947
- Hall v. StateAlabama Court of Appeals · 1923
6 more not listed; retrieve them via the Exa API.