Musgrove v. State
Supreme Court of Alabama
Appeal from the County Court of Cullman. Tried before the TIon. S.' L. Fullee. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said •county charges that before the finding of this indictment Philip Musgrove, without legal cause or good excuse, did enter upon the premises of Mrs. Lizzie Mitchell after having been warned not to do so, against the peace and dignity of the State of Alabama.” ■ The defendant demurred to this…
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Appeal from the County Court of Cullman. Tried before the TIon. S.' L. Fullee. The appellant in this case was tried and convicted under the following indictment: “The grand jury of said •county charges that before the finding of this indictment Philip Musgrove, without legal cause or good excuse, did enter upon the premises of Mrs. Lizzie Mitchell after having been warned not to do so, against the peace and dignity of the State of Alabama.” ■ The defendant demurred to this indictment, among others, upon the following ground: “Because said indictment does not state or allege that the trespass…
1Opinion of the Court
TYSON, J. —
Tlie indictment upon which the defendant was tried and convicted is fatally defective, in not averring that the trespass was committed within six months after tlie warning. — Code, § 5606. It charges no offense and will not, therefore, support a judgment of conviction. — Anderson v. State, 130 Ala. 126.
It is unnecessary to consider the exceptions reserved during the thial, since the judgment of conviction must be reversed on the point considered.
Reversed and remanded.
2Cases cited1 opinion
- Anderson v. StateSupreme Court of Alabama · 1900