Hill v. State
Supreme Court of Alabama
Appeal from the County Court of Hale. Tried before the Hon. W. C. Christian. The indictment under which the appellant in this case was tried and convicted charged that “Wiley Hill did unlawfully, maliciously, or negligently throw down a fence, the property of Lige Monroe alias Elijah Monroe, and did fail to immediately rebuild or replace the same.”
Read the full summary
Appeal from the County Court of Hale. Tried before the Hon. W. C. Christian. The indictment under which the appellant in this case was tried and convicted charged that “Wiley Hill did unlawfully, maliciously, or negligently throw down a fence, the property of Lige Monroe alias Elijah Monroe, and did fail to immediately rebuild or replace the same.” The testimony on the part of the State tended to show that the prosecutor, Lige Monroe, had leased the premises from one Mrs. Poelnitz, and that, during said leasehold, he built the said fence or cowpen, which is alleged to have been broken or…
1Opinion of the CourtColeman, J.
The defendant was indicted and convicted for a violation of section 3888 of the Criminal Code. Ownership of the fence was laid in Elijah Monroe. The evidence shows that the interest of Elijah Monroe, was that of a tenant, in possession, and holding by virtue of an unexpired lease. The evidence shows also that the fence was constructed of rails and was about four feet high; and it was not controverted that the defendant threw the fence down, and that he failed “immediately to rebuild or repair the same.” Section 1364 of the Civil Code, which defines a lawful fence to be five feet high, has no…
2Cases cited1 opinion
- Street v. SinclairSupreme Court of Alabama · 1881
3Cited by4 opinions
- Wheeler v. StateSupreme Court of Alabama · 1895
- Perry v. StateSupreme Court of Alabama · 1907
- Wallace v. StateSupreme Court of Alabama · 1899
- Edgar v. StateSupreme Court of Alabama · 1908