Caldwell v. State
Supreme Court of Alabama
From the Circuit Court of Coffee. Tried before the Hon. J. Mo Caleb Wiley. The indictment in this case was in these words: — “ The State of Alabama, ) Circuit Court, “ Coffee County. j Spring Term, 18.71. “ The grand jury of said charge, that Champ Caldwell, before the finding of this indictment, unlawfully and maliciously disabled or injured a cow, the property of John Harrison, against the peace,” &c.
Read the full summary
From the Circuit Court of Coffee. Tried before the Hon. J. Mo Caleb Wiley. The indictment in this case was in these words: — “ The State of Alabama, ) Circuit Court, “ Coffee County. j Spring Term, 18.71. “ The grand jury of said charge, that Champ Caldwell, before the finding of this indictment, unlawfully and maliciously disabled or injured a cow, the property of John Harrison, against the peace,” &c. The defendant demurred to the indictment, “ because it does not show that the grand jury who found the bill was the grand jury of Coffee County ; and because there was no value averred as to…
1Opinion of the Court
PECK O. J.
— The omission of the word “ county,” as it appears in the body of this indictment, was, manifestly, a mere clerical misprision; but as the name of the county in which the indictment was found is stated in the caption, the omission was no cause of demurrer. Rev. Code, § 4111.
2. An indictment under section 3733 (R. C.) for unlawfully and maliciously disabling or injuring an animal, the property of another, need not state the value of the animal. The said section does not require it, nor does it make the pun- ■ ishment in any manner to depend upon the value of the animal injured; if…
2Cases cited1 opinion
- State v. GarnerSupreme Court of Alabama · 1839
3Cited by2 opinions
- Dunklin v. StateSupreme Court of Alabama · 1901
- Worrell v. StateCourt of Criminal Appeals of Alabama · 1978