Johnson v. State
Supreme Court of Alabama
From tbe Circuit Court of Shelby.. Tried before the Horn Wm. S. Mudd. - The indictment in this case contained two counts ; the-first charging, that the defendant, Martin Johnson-, “willfully or maliciously injured- a-mule-of some value, belonging to William Richards and the second, that he “willfully or maliciously disfigured a mule,” &c. No objection was made to the indictment; and the only-plea was* nok .guilty.
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From tbe Circuit Court of Shelby.. Tried before the Horn Wm. S. Mudd. - The indictment in this case contained two counts ; the-first charging, that the defendant, Martin Johnson-, “willfully or maliciously injured- a-mule-of some value, belonging to William Richards and the second, that he “willfully or maliciously disfigured a mule,” &c. No objection was made to the indictment; and the only-plea was* nok .guilty. On the trial, as appears from the bill of exceptions, “the State introduced proof tending to sliow that, within six months before the finding of the indictment, ;and in said county,…
1Opinion of the CourtA. J. Walker, C. J.
The statute under which the defendant was indicted, is in the following words : “Any person, who tvillfuTly or maliciously injures or disfigures any horse, mare, gelding, colt, filly, ass, or mule, the property of. another, must, on conviction, be fined not less than five times the .amount of the injury done, and may be imprisoned not more than six months.”- — Code, § 3115. The indictment is not framed under section 3114, which prescribes the punishment of a person “who unlawfully and maliciously kills or disables any animal belonging to another, or unlawfully and maliciously injures or…
2Cases cited2 opinions
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- State v. PierceSupreme Court of Alabama · 1845
3Cited by4 opinions
- Johnson v. StateSupreme Court of Alabama · 1878
- St. Louis, I. M. & S. Ry. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1897
- Duncan v. StateMississippi Supreme Court · 1873
- Selma & Meridian R. R. v. KnappSupreme Court of Alabama · 1868