Ashworth v. State
Supreme Court of Alabama
From the Circuit Court of Perry. Tried before tbe Hon. Geo. H. Craig. The indictment in this case charged, in the first count, that the defendant, William Ashworth, “ unlawfully or wantonly killed an ox, of the value of twenty-five dollars, tbe personal property of James Cook;” and in the second, that he “did unlawfully or wantonly kill, disable, disfigure, destroy, or injure an ox,” &e., the property of said'Caok.
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From the Circuit Court of Perry. Tried before tbe Hon. Geo. H. Craig. The indictment in this case charged, in the first count, that the defendant, William Ashworth, “ unlawfully or wantonly killed an ox, of the value of twenty-five dollars, tbe personal property of James Cook;” and in the second, that he “did unlawfully or wantonly kill, disable, disfigure, destroy, or injure an ox,” &e., the property of said'Caok. The defendant moved the court to strike the indictment from the files, “because, when said indictment was filed in court, ‘No prosecutor ’ was marked on it.” It was admitted, on…
1Opinion of the CourtStone, J.
It is contended for the accused, that the present indictment is defebtive, and should have been struck from the file, because the name of the owner df the ox, alleged to have been unlawfully or wantonly killed, was not indorsed on the indictment as prosecutor. The indictment is framed under section 4410, Code of 1876, which directs that “ no bill of indictment shall be found, or prosecution maintained, except upon the complaint of the owner of the stock, or his lawful agent.” The statute in question does not require, in terms, that the record shall show the complaint was made by the owner, or…
2Cases cited4 opinions
- Perry County v. Selma, Marion & Memphis RailroadSupreme Court of Alabama · 1877
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Brandon v. SnowsSupreme Court of Alabama · 1830
3Cited by7 opinions
- Higginbotham v. StateSupreme Court of Alabama · 1955
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Dolan v. StateSupreme Court of Alabama · 1886
- State v. CouchNew Mexico Supreme Court · 1946
- Bain v. StateSupreme Court of Alabama · 1881
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