Howard v. State
Supreme Court of Alabama
Appeal from Washington Circuit Court. Tried before Hon. Wm. S. ÁNDersoN. An indictment containing two counts, was returned against F. A. Howard. The first count charged him with larceny of a sheep, the property of William G. Prin-gle. The second count charges the defendant with marking or branding, or altering the mark or brand of such animal, with intent to defraud.
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Appeal from Washington Circuit Court. Tried before Hon. Wm. S. ÁNDersoN. An indictment containing two counts, was returned against F. A. Howard. The first count charged him with larceny of a sheep, the property of William G. Prin-gle. The second count charges the defendant with marking or branding, or altering the mark or brand of such animal, with intent to defraud. The prosecutor, W. G. Pringle, testified for the State, that about September 15th, 1893, he saw the defendant driving a flock of sheep, some of which belonged to witness, some to the defendant and others to third parties. The…
1Opinion of the Court
riíICKELL, C. J.
1. Irregularity in the organiza*574tion or impannelling of a petit jury, is waived, if objection because of it is not made before entering on the trial. If first presented on error, as in the present case, as cause for the reversal of a judgment of conviction, it comes too late. It is not necessary, therefore, to decide whether in the organization of the petit jury, in the events which had occurred, there was regularity or irregularity. — 1 Thompson on Trials, § 113.
2, Larceny of any one of the domestic animals enumerated in the statute, or the marking or branding of them with…
2Cases cited5 opinions
- Orr v. StateSupreme Court of Alabama · 1894
- Mayo v. StateSupreme Court of Alabama · 1857
- Bain v. StateSupreme Court of Alabama · 1883
- Joy v. ThompsonMichigan Supreme Court · 1844
- Adams v. StateSupreme Court of Alabama · 1876
3Cited by57 opinions
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Lee v. StateAlabama Court of Appeals · 1943
- Lee v. StateSupreme Court of Alabama · 1944
- Irvin v. StateCourt of Criminal Appeals of Alabama · 2005
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
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