Legal Opinion

Johnston v. State

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 11 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted and convicted for taking and carrying away with the intent to steal or to hold for a reward a certain hound dog, the property of Silas Tyson, which had been duly registered pursuant to the act of February 12, 1887, entitled “An Act for the protection of dogs.”

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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted and convicted for taking and carrying away with the intent to steal or to hold for a reward a certain hound dog, the property of Silas Tyson, which had been duly registered pursuant to the act of February 12, 1887, entitled “An Act for the protection of dogs.” The third section of said act is as follows: “Sec. 3. Be it further enacted, That any person who shall take and carry away with the intent to steal, or with the intent to hold for a reward, any dog registered under the…

1Opinion of the Court

McCLELLAN, J

The title of the act brought under review in this case is, “For the protection of dogs.” In the body of it provision is made for the registration of dogs in the office of the judge of probate by their owners on the payment of certain fees and a tax of. one dollar. Section 3, under which this indictment is drawn, declares: “That any person who shall take and carry away with the intent to steal, or with the intent to hold for a reward, any dog registered under the provisions of this act, shall be punished, on conviction, as in other cases of larceny,” and section 4 appropriates the…

2Cases cited1 opinion

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883

3Cited by11 opinions

  1. Evans v. StateCourt of Appeals of Maryland · 2011
  2. Czarra v. Board of Medical SupervisorsCourt of Appeals for the D.C. Circuit · 1905
  3. Trent v. StateAlabama Court of Appeals · 1916
  4. Courtney v. StateAlabama Court of Appeals · 1914
  5. Kershaw v. McKownAlabama Court of Appeals · 1915

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