Horton v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the lion. John Moore. The appellant in this ease, Sam Iiorton, was indicted at the fall term of said court, 1885, for the offense of cruelty to -animals.
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Appeal from the Circuit Court of Perry. Tried before the lion. John Moore. The appellant in this ease, Sam Iiorton, was indicted at the fall term of said court, 1885, for the offense of cruelty to -animals. On the trial, under a plea of former jeopardy interposed by the defendant, it was shown that the alleged offense had been previously investigated by a justice of the peace'who bound the defendant over to the Circuit Court, his judgment entry being as follows: “Found guilty and gives bond for appearance at court.” The issue of former conviction was decided adversely to appellant, who,…
1Opinion of the CourtStone, C. J.
This proceeding was instituted under the statute, “To prevent cruelty to animals,” approved February 23, 1883 — Sess. Acts 187 — amended February 17, 1885 — Sess. Acts 156. There is nothing in either statute which declares that justices of the peace have jurisdiction for the final trial, *9while the maximum fine that may be imposed would rather repel the idea that such jurisdiction was intended to be conferred, even by the original enactment. This statutes permits a fine of $100 to be imposed, whereas $50 is the limit of the justice’s jurisdiction in cases of tort, and in actions for the…
2Cited by2 opinions
- Marberry v. StateAlabama Court of Appeals · 1913
- Wiggs v. StateAlabama Court of Appeals · 1912