Thompson v. State
Supreme Court of Alabama
Indictment for Unlawfully and Wantonly Killing an Animal. Appeal from Bullock Circuit Court Tried before Hon. H. D. Clayton. Platt Thompson occupied lands on which there was a corn crop growing in a field through which ran a road. The road began on, and ran through, the lands of Joseph Howard, w'ho resided on and cultivated land adjoining Thompson’s, and entered the premises of the latter through a gate, which formed part of the partition fenee between the two neighbors.
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Indictment for Unlawfully and Wantonly Killing an Animal. Appeal from Bullock Circuit Court Tried before Hon. H. D. Clayton. Platt Thompson occupied lands on which there was a corn crop growing in a field through which ran a road. The road began on, and ran through, the lands of Joseph Howard, w'ho resided on and cultivated land adjoining Thompson’s, and entered the premises of the latter through a gate, which formed part of the partition fenee between the two neighbors. This gate was not always closed, and the fence, which was “a very good fence,” but “not a lawful fence,” was down in…
1Opinion of the CourtSomerville, J.
— The indictment in this case charges that the appellant “unlawfully or wantonly killed, disabled or destroyed a hog, the personal property of Joseph Howard.” — Code (1876)v§ 4409. The hog is shown to have been killed while in the act of eating or destroying a growing crop of corn on the premises of the defendant, Thompson; and the killing was perpetrated by dogs and with sticks, in an effort to drive the animal from tbe field. The partition fence between the adjoining lands of Howard, the owner of the hog, and those of the defendant, was not a lawful fence within the description of the…
2Cases cited5 opinions
- Clark v. KeliherMassachusetts Supreme Judicial Court · 1871
- Pruit v. LowrySupreme Court of Alabama · 1834
- Walker v. WatrousSupreme Court of Alabama · 1845
- Wood v. LaRueMichigan Supreme Court · 1861
- Bost v. . MinguesSupreme Court of North Carolina · 1870
3Cited by8 opinions
- State v. BurkWashington Supreme Court · 1921
- Kershaw v. McKownAlabama Court of Appeals · 1915
- Prince v. StateSupreme Court of Alabama · 1903
- Coleman v. MinorAlabama Court of Appeals · 1919
- Cotton v. StateAlabama Court of Appeals · 1944
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