Legal Opinion

Hubbard v. State

Alabama Court of Appeals

Decided February 5, 1912PublishedCited by 11 opinions

Appeal .from Dale Circuit Court. Heard before Hon. M. Sollie. Will Hubbard was convicted of manslaughter in the first degree, and he appeals. Hubbard ivas convicted of killing Henry Kemp by shooting him with a gun. It appears from the testimony that the shooting took place in a garden, and followed a dispute between the wives of the two men as to the right of Mrs. Kemp to chop the briars and bushes off a hedgerow.

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Appeal .from Dale Circuit Court. Heard before Hon. M. Sollie. Will Hubbard was convicted of manslaughter in the first degree, and he appeals. Hubbard ivas convicted of killing Henry Kemp by shooting him with a gun. It appears from the testimony that the shooting took place in a garden, and followed a dispute between the wives of the two men as to the right of Mrs. Kemp to chop the briars and bushes off a hedgerow. The evidence for the state tended to show that the hedgerow in the garden was about half way between the homes of the respective parties, and on the same side of the road on which…

1Opinion of the CourtWalker, P. J.

For a structure or an inclosed parcel of ground which is separate and apart from one’s dwelling to be regarded as within his curtilage, it must be customarily used in connection with the dwelling. It is not brought within the curtilage by all the occupants of the dwelling making use of it on some special occasion or in exceptional circumstances. — Lee v. State, 92 Ala. 15, 9 South. 407, 25 Am. St. Rep. 17; Cook v. State, 83 Ala. 62, 3 South. 849, 3 Am. St. Rep. 688; Ivey v. State, 61 Ala. 58; 8 Am. & Eng. Ency. of Law (2d Ed.) 527. This may be true as to an outhouse on the premises of…

2Cases cited5 opinions

  1. Lee v. StateSupreme Court of Alabama · 1890
  2. Roberson v. StateSupreme Court of Alabama · 1912
  3. Cook v. StateSupreme Court of Alabama · 1887
  4. McEwen v. StateSupreme Court of Alabama · 1907
  5. Ivey v. StateSupreme Court of Alabama · 1878

3Cited by11 opinions

  1. Bringhurst v. StateAlabama Court of Appeals · 1945
  2. Bullington v. StateAlabama Court of Appeals · 1915
  3. Shouse v. StateAlabama Court of Appeals · 1952
  4. Minor v. StateAlabama Court of Appeals · 1917
  5. Phillips v. StateDistrict Court of Appeal of Florida · 1965

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