Davis v. State
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Hon. Geo. H. Cbaig. was indicted at tlie Fall Term, 1879, of the Circuit Court of Dallas county, under the second section of the act of February 1, 1879, to prevent, in certain cases, the sale, exchange and transportation of cotton, in the counties of Montgomery, Dallas, &o.
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Appeal from Dallas Circuit Court. Tried before Hon. Geo. H. Cbaig. was indicted at tlie Fall Term, 1879, of the Circuit Court of Dallas county, under the second section of the act of February 1, 1879, to prevent, in certain cases, the sale, exchange and transportation of cotton, in the counties of Montgomery, Dallas, &o. The indictment charged that the defendant “did, after sundown, and before sunrise of the succeeding day, transport or remove in Dallas county, cotton in the seed.” The defendant demurred to the indictment because it did-not aver that the defendant “knowingly” removed the…
1Opinion of the CourtSomerville, J.
The indictment in this case, which was found at the fall term of the Circuit' Court of Dallas county, charges that William Davis, the appellant, “did, after sun-down and before sunrise of the succeeding day, transport or remove, in Dallas county, cotton in the seed, against the peace and dignity of the State of Alabama.”
The questions raised involve the sufficiency of the indictment, and the constitutionality both of the law under which it was found, and under which the grand jury finding it was organized. The points are presented by demurrer and motion made in arrest of judgment, both of…
2Cases cited9 opinions
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