Horn v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; J. g. Williams, Judge. Alto Horn was convicted of failing or refusing to dip his cattle, and he appeals. The defendant was arrested upon a warrant issued out of the county court of Barbour county, charging liim with “failing or refusing to dip his cattle according to the rules and regulations of the state live stock sanitary board after being duly notified by an inspector commissioned by said board.”
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Appeal from Circuit Court, Barbour County; J. g. Williams, Judge. Alto Horn was convicted of failing or refusing to dip his cattle, and he appeals. The defendant was arrested upon a warrant issued out of the county court of Barbour county, charging liim with “failing or refusing to dip his cattle according to the rules and regulations of the state live stock sanitary board after being duly notified by an inspector commissioned by said board.” This warrant was based upon an aflidavit charging the defendant with being guilty of the offense of failing or refusing to dip his cattle which were…
1Opinion of the CourtSamford, J.
[1] It is not a crime to fail or refuse to dip cattle infested or exposed to ticks unless such failure or refusal is in violation of the rules and regulations of the state live stock sanitary board; duly passed and adopted by such board in conformity to the statutes authorizing the same. Therefore, an affidavit or complaint which fails to charge that the acts were done in violation of rules and regulations duly adopted by the state live stock sanitary board under the provisions of the statute conferring on the board such power does not charge any offense known to the law. Curlee v. State, 16…
2Cases cited4 opinions
- Oliver v. StateAlabama Court of Appeals · 1918
- Curlee v. StateAlabama Court of Appeals · 1917
- Floyd v. StateAlabama Court of Appeals · 1917
- Hicks v. StateAlabama Court of Appeals · 1917
3Cited by12 opinions
- Cassell v. StateCourt of Criminal Appeals of Alabama · 1975
- Brown v. StateAlabama Court of Appeals · 1946
- State v. KeelAlabama Court of Appeals · 1948
- Sanders v. StateCourt of Criminal Appeals of Alabama · 1974
- Courson v. StateAlabama Court of Appeals · 1922
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