Nailer v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County; W. W. I-Iarralson, Judge. C. E. Nailer was convicted of failing to dip cattle after notice, and he appealed. The court erred in admitting evidence of the contents of the notice to dip.
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Appeal from Circuit Court, Marshall County; W. W. I-Iarralson, Judge. C. E. Nailer was convicted of failing to dip cattle after notice, and he appealed. The court erred in admitting evidence of the contents of the notice to dip. Jones on Ev. §§ 218, 219, 376. The stub was not admissible. 94 Ala. 384, 10 South. 312; 94 Ala. 394, 10 South. 334; 18 Ala. 359; 15 Ala. 112; 103 Ala. 257, 15 South. ,594; 105 Ala. 257, 16 South. 714; 173 Ala. 629, 55 South. 909; 169 Ala. 409, 55 South. 989, Ann. Cas. 1912B, 366. Counsel also discuss the pleadings, but in view of the opinion, it is not deemed…
1Opinion of the CourtSamford, J.
The defendant was charged by affidavit and complaint with having violated section 5 of an act of the Legislature approved February 7, 1919 (Acts 1919, p. 30), which reads as follows:
“That every person, firm, company or corporation having in possession or in charge as owner, agent or otherwise one or more cattle in a tick-infested or quarantined county or on a tick-infested or quarantined premise, range, farm or pasture, that has not been released from state and federal quarantine, shall dip the cattle regularly once every two weeks on the day and at the vat specified by the inspector in…
2Cases cited5 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Dodd v. Commissioners' CourtSupreme Court of Alabama · 1919
- Bell v. StateSupreme Court of Alabama · 1908
- Kirkland v. StateSupreme Court of Alabama · 1904
- Ex Parte MooneyhamAlabama Court of Appeals · 1917
3Cited by17 opinions
- Abernathy v. StateAlabama Court of Appeals · 1962
- Howton v. StateCourt of Criminal Appeals of Alabama · 1980
- Beals v. StateCourt of Criminal Appeals of Alabama · 1988
- Freeland v. StateAlabama Court of Appeals · 1934
- Sisson v. StateCourt of Criminal Appeals of Alabama · 1987
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