Robinson v. State
Alabama Court of Appeals
Removmg or Destroying Boundary Marks. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. D. P. Robinson was convicted of crime, and lie ap: peals. Tbe facts sufficiently appear from the opinion. Tbe following charges were refused to defendant: “If tbe defendant acted in good faith under the instructions of the county surveyor in removing the posts, then you should acquit him.”
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Removmg or Destroying Boundary Marks. Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. D. P. Robinson was convicted of crime, and lie ap: peals. Tbe facts sufficiently appear from the opinion. Tbe following charges were refused to defendant: “If tbe defendant acted in good faith under the instructions of the county surveyor in removing the posts, then you should acquit him.” C. “If you find from the evidence that defendant acted upon instructions of the witness Burleson and acted in good faith in the removal of the post, you should find defendant not guilty.” Under…
1Opinion of the Court
PELHAM, J.-
The appellant was prosecuted on an affidavit charging the elements of the.offense prohibited by section 6393 of the Criminal Code, for removing or destroying a boundary mark, and was convicted and the minimum fine designated by the statute as a punishment ($50) was assessed by the jury. The court reduced this fine to $10 because, as stated in the judgment entry, the court was of the opinion “that the defendant is only technically guilty.”
There was no criminal liability attached to the removal of a landmark at the common law (State v. Burroughs 7 N. J. Law. 426; Young v. Miller, 3…
2Cases cited5 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Johnson v. StateAlabama Court of Appeals · 1911
- Salter v. StateSupreme Court of Alabama · 1892
- Ala. Sipsey River Navigation Co. v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1888
- Lockhart v. StateAlabama Court of Appeals · 1912
3Cited by7 opinions
- Paterson v. RushHawaii Supreme Court · 1939
- Jock v. Zoning Board of AdjustmentNew Jersey Superior Court Appellate Division · 2004
- United States v. JettU.S. Army Court of Military Review · 1982
- Jones v. StateAlabama Court of Appeals · 1913
- Coleman v. StateAlabama Court of Appeals · 1961
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