McLain v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Howard McLain was convicted of violating the sanitary live stock regulations, and he appeals. The indictment was as follows (omitting formal charging part) : “Howard McLain drove, or caused to be driven, ten head of cattle from Lowndes county, Ala., into Montgomery county, Ala., in violation of the rules or regulations of the state live stock sanitary board.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Howard McLain was convicted of violating the sanitary live stock regulations, and he appeals. The indictment was as follows (omitting formal charging part) : “Howard McLain drove, or caused to be driven, ten head of cattle from Lowndes county, Ala., into Montgomery county, Ala., in violation of the rules or regulations of the state live stock sanitary board. “(2) Howard McLain did move, or cause to be moved, ten head of catttle from Lowndes county, Ala., a tick-infested area or region in this state, into Montgomery county,…
1Opinion of the CourtPelham, P. J.
The defendant was tried and convicted of violation of the live stock sanitary regulations with reference to the transportation of live stock within the limits of a quarantined district. — Code, § 761. The indictment contains four counts, to each of which demurrers were interposed and overruled by the court.
(1-3) It is permissible, when offenses may be committed by different means, to charge the same in the alternative. — Code 1907, §§ 7149-7151. The grounds of demurrer addressed to the indictment in this respect are not well taken. It is the general rule that when a statute creates a new…
2Cases cited6 opinions
- Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
- Sellers v. StateAlabama Court of Appeals · 1913
- Johnson v. StateSupreme Court of Alabama · 1907
- Harwell v. StateAlabama Court of Appeals · 1914
- Kuhl v. LongSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kennedy v. StateAlabama Court of Appeals · 1958
- State v. CaplanSupreme Court of Vermont · 1927
- Hochman v. StateSupreme Court of Alabama · 1956
- Vaughn v. StateCourt of Criminal Appeals of Alabama · 2003
- Oliver v. StateAlabama Court of Appeals · 1918
6 more not listed; retrieve them via the Exa API.