Mayhall v. State
Supreme Court of Alabama
Appeal from Cullman County Court. Heard before Hon. It. I. Burke. The affidavit in this case is in the following language: State of Alabama, Cullman county. County court.
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Appeal from Cullman County Court. Heard before Hon. It. I. Burke. The affidavit in this case is in the following language: State of Alabama, Cullman county. County court. Before me, B. I. Burke, judge of the county court of said county, personally appeared I). A. Fuller, who, being duly sworn, doth depose and say that he hath probable cause for believing and doth believe that George Mavhall did knowingly enter upon the lauds of S. Boman as trustee, described as' follows, to-wit: Northwest, quarter, southwest quarter, north half, northeast quarter, and northwest quarter southewest quarter, all…
1Opinion of the CourtHaralson, J.
The affidavit for the warrant of arrest was in conformity to § 4600 of the code of 1.896, as amended (Acts 1903, p. 283), and described the property trespassed upon with sufficient certainty. — Withers v. State, 117 Ala. 89, 23 South. 147; Holland v. State, 139 Ala. 120, 35 South. 1009.
The state introduced evidence tending to- show the ownership of the land as laid in the affidavit for the warrant of arrest, and tending to show that defendant removed timber which had been cut therefrom, to the sawmill of his brother, Will Mayhall, who paid the defendant for the timber he hauled.
The state…
2Cases cited5 opinions
- Andrews v. HallSupreme Court of Alabama · 1902
- Holland v. StateSupreme Court of Alabama · 1903
- Norille v. StateSupreme Court of Alabama · 1901
- Withers v. StateSupreme Court of Alabama · 1897
- Witherspoon v. StateSupreme Court of Alabama · 1904
3Cited by2 opinions
- Johnson v. BarnettSupreme Court of Alabama · 1941
- Carson v. StateAlabama Court of Appeals · 1912