Glenn v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Hear-d before Hon. W. H. Thomas. Richard Glenn was convicted of hunting on the lands of another ivithout written permission of the owner or agent, and he appeals.
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Appeal from Montgomery City Court. Hear-d before Hon. W. H. Thomas. Richard Glenn was convicted of hunting on the lands of another ivithout written permission of the owner or agent, and he appeals. The repeal of statute by implication is not favored. — 1 Mayf. 821, The Act of 1907 and of 1888, have a field of operation which is not repugnont the one to the other. — Bossett v. The State, 17 Ala. 496; 12 A. & E. Ency of Law, 290. The indictment should have averred that the offense was committed after the Acts of 1907, went into effect.— Bibb v. The State, 83 Ala. 84; McIntyre v. The State, •55…
1Opinion of the Court
ANDERSON, J.-
Section 48 of the general game law (Acts 1907, p. 95) repealed all laws, local, special, or general, in conflict therewith, and, as there is a conflict between it and the local law for Montgomery and Elmore counties (Acts 1888-89, p. 406), the former was repealed by the latter.
It was not an offense to hunt upon the lands of another in Montgomery county without the written consent of the owner prior to Acts 1907, p. 81. This law was enacted February 19, 1907, and there is no special provision mailing section 44 effective upon its approval or at any fixed time. It therefore became…
2Cases cited2 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- McIntyre v. StateSupreme Court of Alabama · 1876
3Cited by15 opinions
- Miller v. StateAlabama Court of Appeals · 1918
- Coker v. StateSupreme Court of Alabama · 1922
- Kelly v. StateSupreme Court of Alabama · 1911
- Scott v. StateAlabama Court of Appeals · 1912
- Brock v. StateAlabama Court of Appeals · 1923
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