Swanson v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was tried and convicted under the following indictment“The grand jury charge that before the finding of this indictment Ed Swansan alias Ed Swanson did unlawfully overdrive or cruelly kill a certain domestic animal, to-wit, one horse, the personal property of John W. Powell.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. The appellant was tried and convicted under the following indictment“The grand jury charge that before the finding of this indictment Ed Swansan alias Ed Swanson did unlawfully overdrive or cruelly kill a certain domestic animal, to-wit, one horse, the personal property of John W. Powell. “The grand jury of said county further charge that before the finding of this indictment Ed Swansan alias Ed Swanson, unlawfully or wantonly killed a certain domestic animal, to-wit, one horse, the personal property of John W.…
1Opinion of the CourtSharpe, J.
The first count' in the indictment charges an offense under section 5093 of the Code, the punishment for which is by fine. The second and third *378each charge an offense under section 5091 of the Code, which is punishable by fine and may also be punished by imprisonment in the county jail or hard labor for the county. The offenses each belong to the same family of crimes embraced in chapter 172 of the Code entitled “Malicious Mischief : Injury and Cruelty to Animals,” and each is a misdemeanor. The rule against the joinder of offenses in different counts in the same indictment when the…
2Cases cited1 opinion
- Wooster v. StateSupreme Court of Alabama · 1876
3Cited by3 opinions
- Untreinor v. StateSupreme Court of Alabama · 1906
- Boatner v. StateAlabama Court of Appeals · 1913
- Wilson v. StateAlabama Court of Appeals · 1922