Legal Opinion

Busby v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 15 opinions

Prosecution for Malicious Injury to Animals. Appeal from the County Court of Jackson. Tried before the Hon. John B. Tally. The name of the appellant’s counsel, if any appeared in this court, is nowhere shown by the record or docket. cited Campbell v. The State, 23 Ala. 44; Burr. Cir. Ev. 264 ; TlinMe v. Commonwealth, 4 Dana, 518; Bish. Stat. Crimes, 1115-17.

1Opinion of the CourtSomebyille, J.

The defendant was tried and convicted, in the County Court of Jackson county, of the offense of unlawfully and maliciously disabling or injuring “ t/wo mules,” the property of the prosecutor, in violation of section 4408 of the present Code. An appeal is taken from the judgment to this court, under the provisions of an act approved February 9th, 1881, specially authorizing it. — Acts 1880-81, pp. 233-234, § 7.

The evidence shows that there was a brief interval of time between the shooting of the two mules, which were at the time trespassing in the corn-field of the defendant; and the question…

2Cases cited4 opinions

  1. Wooster v. StateSupreme Court of Alabama · 1876
  2. Owens v. StateSupreme Court of Alabama · 1883
  3. Burgess v. StateSupreme Court of Alabama · 1870
  4. Bass v. StateSupreme Court of Alabama · 1879

3Cited by15 opinions

  1. Pope v. StateSupreme Court of Alabama · 1911
  2. Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
  3. Hodge v. StateSupreme Court of Alabama · 1892
  4. Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
  5. Phillips v. StateSupreme Court of Alabama · 1909

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