McLeod v. State
Alabama Court of Appeals
■ Appeal from Barbour Circuit Court. Heard before Hon. M. Sollies. Solon McLeod and another were convicted of violating the fish and game laws, and they appeal.
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■ Appeal from Barbour Circuit Court. Heard before Hon. M. Sollies. Solon McLeod and another were convicted of violating the fish and game laws, and they appeal. The indictment, omitting the formal charging part, is as follows: “Solon McLeod and Forrest Grantham unlawfully took, caught, or killed fish in the waters of the state by means of seine; such waters not being a pond or reservoir wholly on the premises of said Solon McLeod and Forrest Grantham, nor salt waters of the state, nor waters in the state in which the tide ebbs and flows; and such seine not being a small seine, not more than…
1Opinion of the CourtPelham, J.
— The defendants were indicted for violating the law against seining, as provided by section 6901 of the Code. The indictment by its terms not only charged an offense under this section, but included the unnecessary averment of a proviso or exception embodied in a separate statute or section of the Code from that creating and descriptive of the offense charged.
The rule is that, when the proviso or exception is set out in a separate clause or section from that creating and defining the offense, it is not necessary to negative the exception by averment. — Clark v. State, 19 Ala. 552; Carson v.…
2Cases cited12 opinions
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Gaines v. StateSupreme Court of Alabama · 1906
- Grattan v. StateSupreme Court of Alabama · 1882
- Carson v. StateSupreme Court of Alabama · 1881
- Clark v. StateSupreme Court of Alabama · 1851
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howard v. StateAlabama Court of Appeals · 1931
- Smith v. StateAlabama Court of Appeals · 1915
- Dorgan v. StateAlabama Court of Appeals · 1940
- Strumpf v. StateAlabama Court of Appeals · 1944
- Gunter v. StateAlabama Court of Appeals · 1926
3 more not listed; retrieve them via the Exa API.