Bellinger v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M„ Arrington. The appellant in this case, Jackson Bellinger, was indicted, tried and convicted for “unlawfully taking a mule of another, and using it temporarily without, the consent of the owner.” The evidence of Hison Weatherly corroborated the testimony of Ike Weatherly, which is set out in the opinion.
Read the full summary
From the City Court of Montgomery. Tried before the Hon. Thos. M„ Arrington. The appellant in this case, Jackson Bellinger, was indicted, tried and convicted for “unlawfully taking a mule of another, and using it temporarily without, the consent of the owner.” The evidence of Hison Weatherly corroborated the testimony of Ike Weatherly, which is set out in the opinion. There was other testimony, going to show that witnesses introduced for the State saw the defendant with the mule in question; and that he admitted to the justice of the peace that he did take it. The defendant in his own behalf…
1Opinion of the CourtStone, C. J.
The statute — Code of 1886, § 3861 — is of relatively recent enactment, and is somewhat a new departure in criminal jurisprudence. Still, we can not say that it was not called for by considerations of public policy. Its object was to prevent or redress a grievance, the nature of which is clearly shown by the facts of the case before us. After fixing venue and time, the witness Weatherly .testified, that “he rode his mule to a church in said county, and hitched it, and went into a house in which Eitta Harris, the sister of defendant, lived, and staid a few minutes, and then went out again.…
2Cases cited3 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Carson v. StateSupreme Court of Alabama · 1881
- Clark v. StateSupreme Court of Alabama · 1851
3Cited by11 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
- Floyd v. PughSupreme Court of Alabama · 1917
- Jefferson County v. Gulf Refining Co.Supreme Court of Alabama · 1919
- Henderson v. StateSupreme Court of Alabama · 1902
- Bell v. StateSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.