Mays v. State
Supreme Court of Alabama
From the County Court of Colbert. Tried before the Hon. John A. Steele. The indictment in this case was found in the Circuit Court, in March, 1889, and, as copied three times in the transcript, charged that the defendant, Jack Mays, “cultivated or occupied land under a common fence with Robert Wise, knowingly suffered hogs or cows or horses to go at large in such inclosure, or knowingly suffered said stock to go at large in said in closure without a sufficient guard to…
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From the County Court of Colbert. Tried before the Hon. John A. Steele. The indictment in this case was found in the Circuit Court, in March, 1889, and, as copied three times in the transcript, charged that the defendant, Jack Mays, “cultivated or occupied land under a common fence with Robert Wise, knowingly suffered hogs or cows or horses to go at large in such inclosure, or knowingly suffered said stock to go at large in said in closure without a sufficient guard to prevent injury to crops.” The case having been transferred to the County Court for trial, the defendant there demurred to the…
1Opinion of the CourtClopton, J.
When an offense is created by a statute, which describes its constituents, an indictment conforming to the statutory description is sufficient; but pursuing the words of the statute will not suffice, unless every affirmative element of the offense is thereby distinctly and clearly averred. The general rule is, that an indictment must contain all the essential ingredients of the offense intended to be charged, stated with certainty, unless there be a statutory form directing otherwise. When the enacting clause contains an exception, whether such exception constitutes matter of defense to be…
2Cases cited3 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Noble v. StateSupreme Court of Alabama · 1877
- Holcombe v. StateSupreme Court of Alabama · 1881
3Cited by8 opinions
- Mastoras v. StateAlabama Court of Appeals · 1938
- Griffin v. StateAlabama Court of Appeals · 1928
- Thompson v. RichardsonSupreme Court of Alabama · 1893
- Bradley v. StateSupreme Court of Alabama · 1892
- Lipscomb v. StateAlabama Court of Appeals · 1949
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