Walker v. State
Supreme Court of Alabama
Fbom the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. The indictment in this case charged that the defendant “ did sell, convey, or wilfully destroy a cow, upon which personal property he had given a written morgage, lien, or deed of trust, to B. F. Petty & Son, and which was then unsatisfied in whole or in part, without first obtaining the consent of the lawful holder thereof to such sale, conveyance, or destruction.”
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Fbom the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. The indictment in this case charged that the defendant “ did sell, convey, or wilfully destroy a cow, upon which personal property he had given a written morgage, lien, or deed of trust, to B. F. Petty & Son, and which was then unsatisfied in whole or in part, without first obtaining the consent of the lawful holder thereof to such sale, conveyance, or destruction.” On the trial, as the bill of exceptions shows, the State proved that the defendant, within the time covered by the indictment, killed a cow on which there…
1Opinion of the CourtBbickell, J.
— The appellant was indicted under the statute approved February 1, 1872, entitled, “An act tore-strict the sale of personal property in certain cases.” Pamph. Acts 1871-2, p. 83. On the trial the evidence tended only to prove a wilful destruction of personal property by the appellant, on which there was an unsatisfied mortgage executed by him. It is now insisted that so much of this statute as converts into a misdemeanor the wilful destruction of personal property subject to lien is foreign to the title, and offensive to that clause of the second section of the fourth article of the *330Constitut…
2Cases cited4 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Weaver v. LapsleySupreme Court of Alabama · 1869
- Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867
- Ex parte UpshawSupreme Court of Alabama · 1871
3Cited by9 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- People v. ParksCalifornia Supreme Court · 1881
- Dabney v. HookerSupreme Court of Oklahoma · 1926
- State v. HaskinsWest Virginia Supreme Court · 1923
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