Cawthorn v. State
Supreme Court of Alabama
From Madison County Court. Tried before the Hon. William Richardson. This was a prosecution for unlawfully or wantonly killing-a cow, the property of Mrs. Mattie McMullen, and was commenced and tried in the County Court. On all the evidence adduced, which is set out in the bill of exceptions, “ the court found the defendant guilty, and fined him ten dollars;” to which judgment and decision the defendant duly excepted-It is unnecessary to state the evidence.
1Opinion of the CourtStone, J.
The regularity of the present appeal must be' tested by the provisions of the act “ to regulate the trial of misdemeanors in Madison county,” approved February 9th, 1877._ — Pamph. Acts, 149. The Attorney-General moves to dismiss the appeal, as not authorized by that act. The present proceeding is not of the class of cases transferred from the Circuit to the County Court, for which that act makes provision. It originated in complaint before, and warrant issued by the County Court, and, hence, was tried without an indictment. The point made by the Attorney-General is, that the section of the…
2Cases cited5 opinions
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte NettlesSupreme Court of Alabama · 1877
- Bain v. StateSupreme Court of Alabama · 1878
- Harwood v. HarperSupreme Court of Alabama · 1875
- Horsefield v. AdamsSupreme Court of Alabama · 1846
3Cited by10 opinions
- Randolph v. StateSupreme Court of Alabama · 1893
- Chambers v. StateAlabama Court of Appeals · 1919
- Wren v. StateSupreme Court of Alabama · 1881
- Brown v. StateSupreme Court of Alabama · 1893
- Dean v. StateSupreme Court of Alabama · 1893
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