James v. State
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Will Janies was convicted of malicious injury to an animal and be appeals. Appellant concedes that under tbe case of State v; Thomas, 52 Sou. 34, tbe indictment was sufficient. Tbe court erred in permitting it to be shown bow long after tbe injury before tbe owner was able to use tbe milk of tbe cow.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Will Janies was convicted of malicious injury to an animal and be appeals. Appellant concedes that under tbe case of State v; Thomas, 52 Sou. 34, tbe indictment was sufficient. Tbe court erred in permitting it to be shown bow long after tbe injury before tbe owner was able to use tbe milk of tbe cow. Tbe test is tbe difference in value before and after tbe injury. — McCormack v. The State, 102 Ala. 161; State v. Wisdom, 8 Port. 511; Whittaker v. The State, 106 Ala. 30; Curtis v. The State, 118 Ala. 125; Thompson r>. The State,…
1Opinion of the CourtAnderson, J.
The expression of. the solicitor, in the course of argument, that, “if the negro was taken out of court there would not be much left,” was not warranted by any evidence in the case, nor is it a fact of which this or any other court can take judicial knowledge; for it is a matter of common knowledge that much would be left for the courts with the negro eliminated, as they are not the only lawbreakers in the state. “It is the duty of the court to see that the defendant is tried according to the law arid the evidence, free from any appeal to prejudice or other improper motive, and this duty is…
2Cases cited2 opinions
- Tannehill v. StateSupreme Court of Alabama · 1909
- Thomas v. StateSupreme Court of Alabama · 1909
3Cited by16 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Moulton v. StateSupreme Court of Alabama · 1917
- Peterson v. StateSupreme Court of Alabama · 1933
- McLemore v. INTERNATIONAL UNION, ETC.Supreme Court of Alabama · 1956
- Hamilton v. StateCourt of Criminal Appeals of Oklahoma · 1927
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