Owens v. State
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Tried before Hon. John K. Henbv. The indictment in this case charged that before the finding thereof, “ Thaddeus Owens wilfully injured or destroyed, otherwise than by burning, a public bridge in said county, known and commonly called the Long Bridge; said bridge-being erected by authority of law on a road leading from Greenville to Andalusia, commonly called the ‘ Long Bridge Road,’ against the peace,” &e.
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Appeal from Crenshaw Circuit Court. Tried before Hon. John K. Henbv. The indictment in this case charged that before the finding thereof, “ Thaddeus Owens wilfully injured or destroyed, otherwise than by burning, a public bridge in said county, known and commonly called the Long Bridge; said bridge-being erected by authority of law on a road leading from Greenville to Andalusia, commonly called the ‘ Long Bridge Road,’ against the peace,” &e. A demurrer, on the ground that no offence was charged, and that the indictment was defective, because it failed to allege the ownership or value of the…
1Opinion of the CourtBrickell, C. J.
The indictment charges a violation of the statute (R. C. § 8737), by the destruction, otherwise than by burning, of a public bridge, erected on a, public road, by authority of law. It pursues the words of the statute, and fully defines and describes the offence imputed to the defendant. An allegation of the value of the bridge destroyed was not necessary. The value does not enter into the offence, or its punishment. Nor was an averment of ownership necessary. The offence was sufficiently identified and made specific in the allegation that the bridge was a public bridge, erected by authority…
2Cases cited1 opinion
- Mose v. StateSupreme Court of Alabama · 1860
3Cited by13 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Brooks v. StateCourt of Criminal Appeals of Alabama · 1996
- Baker v. StateCourt of Criminal Appeals of Alabama · 1985
- Olive v. StateSupreme Court of Alabama · 1888
- Dent v. StateSupreme Court of Alabama · 1894
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