Legal Opinion

Sellers v. State

Alabama Court of Appeals

Decided February 6, 1913PublishedCited by 22 opinions

Shooting■ Into Dwelling House. Appeal from Pike County Law Court. Heard before Hon. T. L. Borum. George Sellers was convicted of shooting into a dwelling house and he appeals. Counsel discusses the demurrers to the indictment with the insistence that they should have been sustained, but cites ho authority in support thereof.

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Shooting■ Into Dwelling House. Appeal from Pike County Law Court. Heard before Hon. T. L. Borum. George Sellers was convicted of shooting into a dwelling house and he appeals. Counsel discusses the demurrers to the indictment with the insistence that they should have been sustained, but cites ho authority in support thereof. It is a rule of evidence that where the court sustains an objection to a question, the defendant should suggest to the court the purpose in asking the questions and the testimony sought to be elicited in order to determine its admissibility and materiality,- and that…

1Opinion of the CourtThomas, J.

Section 6897 thus provides: “Any person avIio shoots a pistol or other firearm * * * at, into, in, through, or against a dwelling house, etc., shall be guilty of a misdemeanor, and on conviction fined not more than one thousand dollars/’ etc.

The- defendant was arrested and tried in the law court of Pike county on affidavit and warrant charging (omitting other averments immaterial to the consideration here) that defendant “shot a pistol or other firearm at, into, in, through or against a dwelling house the property of affiant.” The defendant interposed a demurrer thereto on the ground, first,…

2Cases cited7 opinions

  1. Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
  2. Roberts v. StateSupreme Court of Alabama · 1881
  3. Snodgrass v. CaldwellSupreme Court of Alabama · 1890
  4. Harris v. BasdenSupreme Court of Alabama · 1909
  5. Lodano v. StateSupreme Court of Alabama · 1854

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Doss v. StateAlabama Court of Appeals · 1929
  2. White v. StateCourt of Criminal Appeals of Alabama · 1972
  3. Hines v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Oliver v. StateAlabama Court of Appeals · 1918
  5. Collins v. StateCourt of Criminal Appeals of Alabama · 1978

17 more not listed; retrieve them via the Exa API.

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