McMickens v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. John McMickens was convicted of unlawfully killing a hog, and he appeals. The following charges are noted as re-, fused to the defendant: “(5) The fact of the civil suit pending for the same hog may be considered by you in mitigation of the punishment of the defendant.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. John McMickens was convicted of unlawfully killing a hog, and he appeals. The following charges are noted as re-, fused to the defendant: “(5) The fact of the civil suit pending for the same hog may be considered by you in mitigation of the punishment of the defendant. “(6) If you are convinced beyond a reasonable doubt by the evidence that the defendant killed Eaton’s hog, then you may take into consideration the civil suit for damages for the same hog in mitigation of said offense.” (7) Same as 6. “(18) If you find from the…
1Opinion of the CourtMerritt, J.
The defendant was prosecuted under section 6230 of the Code of 1907, for killing a hog, the property of R. B. Eaton.
The defendant moved to quash the indictment on the grounds that the prosecution was not commenced by the owner of the property, and that the indictment was found without legal evidence before the grand jury. The motion to quash the indictment was properly overruled.
Though Code of 1876, § 4410, declares that for the unlawful, wanton, disabling, or injuring certain animals named, “no bill of indictment shall be found, or prosecution maintained, except upon complaint of the owner…
2Cases cited18 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Foster v. NapierSupreme Court of Alabama · 1883
- Hill v. StateSupreme Court of Alabama · 1915
- Patterson v. StateSupreme Court of Alabama · 1918
- Holley v. StateSupreme Court of Alabama · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morrison v. StateSupreme Court of Alabama · 1957
- Collier v. StateCourt of Criminal Appeals of Alabama · 1973
- Martin v. StateAlabama Court of Appeals · 1923
- Fields v. StateCourt of Criminal Appeals of Alabama · 1986
- Ray v. StateAlabama Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.