Edgar v. State
Supreme Court of Alabama
Appeal from Andalusia. City Court. Heard before Hon. B. H. Lewis. Dave Edgar was convicted of maliciously destroying a fense, and he appeals. Defendant and one Mauldin owned adjoining lands. Mauldin constructed a rail fence between the lands, which was burned, and for the burning of which defendant is prosecuted in this action.
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Appeal from Andalusia. City Court. Heard before Hon. B. H. Lewis. Dave Edgar was convicted of maliciously destroying a fense, and he appeals. Defendant and one Mauldin owned adjoining lands. Mauldin constructed a rail fence between the lands, which was burned, and for the burning of which defendant is prosecuted in this action. While Mauldin was upon the witness stand, defendant asked the witness if it was not a fact that the land run by Aeree and Miller was a compromise line, and agreed to by witness and defendant as a compromise after the fence was burned. Defendant also asked witness if…
1Opinion of the CourtDowdell, J.
The defendant, appellant here, was tried and convicted in the court below for a violation of section 5624 of the Criminal Code of 1896, which section reads as follows: “Any person, who unlawfully, maliciously, negligently destroys, throws down, or breaks any fence or inclosure of another, and. fails immediately to rebuild or repair the same, must, on conviction, be fined not less than twenty, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months; and the fine goes to the injured party.” This…
2Cases cited5 opinions
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Wheeler v. StateSupreme Court of Alabama · 1895
- Wallace v. StateSupreme Court of Alabama · 1899
- Hill v. StateSupreme Court of Alabama · 1893
- Boyett v. StateSupreme Court of Alabama · 1902
3Cited by3 opinions
- Barber v. StateIndiana Supreme Court · 1927
- Taylor v. ShawSupreme Court of Alabama · 1951
- Marbury Lumber Co. v. LamontSupreme Court of Alabama · 1910