Burgess v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before Hon. Charles Pelham. The appellant, Burgess, was indicted at the fall term, 1868, of the circuit court of Clay county, for maliciously and unlawfully disabling and injuring amare and an ox, the property of David G. Thomas. The indictment was returned into court on the 18th day of September, 1868, and charged the injury to the animals as one offense, in a single count.
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Appeal from the Circuit Court of Talladega. Tried before Hon. Charles Pelham. The appellant, Burgess, was indicted at the fall term, 1868, of the circuit court of Clay county, for maliciously and unlawfully disabling and injuring amare and an ox, the property of David G. Thomas. The indictment was returned into court on the 18th day of September, 1868, and charged the injury to the animals as one offense, in a single count. On the application of the defendant, the trial of the case was transferred to the circuit court of Talladega, where a trial was had, on issue joined on the plea of not…
1Opinion of the CourtPeters, J.
This was an indictment in the circuit court for malicious mischief. The accusation contains but one count. It is in the following words :
“ The State of Alabama, ) Circuit Court, Clay county. J Fall term, 1868.
“The grand jury of said county charge, that before the finding of this indictment, Francis M. Burgess unlawfully and maliciously disabled and injured a mare and an ox, the property of David G. Thomas, against the peace and dignity of the State of Alabama.”
The section of the statute under which the indictment was found is as follows :
“ Any person who unlawfully and maliciously kills,…
2Cases cited2 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- State v. CrowleySupreme Court of Alabama · 1848
3Cited by6 opinions
- Daniels v. StateCourt of Criminal Appeals of Alabama · 1985
- Hill v. StateCourt of Criminal Appeals of Alabama · 1984
- Thomas v. StateSupreme Court of Alabama · 1895
- Busby v. StateSupreme Court of Alabama · 1884
- State v. HinkleOregon Supreme Court · 1898
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