Brown v. State
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. Tbe third count of tbe indictment in each of these cases is mutatis mutandis in tbe following words: “ Tbe grand jury of said county further charge that before the finding of this indictment James Brown knowingly, wilfully and without tbe consent of tbe owners entered upon tbe land of Eanny Englebardt and Mattie Englehardt and cut and carried off timber of tbe value of less than twenty-five…
Read the full summary
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. Tbe third count of tbe indictment in each of these cases is mutatis mutandis in tbe following words: “ Tbe grand jury of said county further charge that before the finding of this indictment James Brown knowingly, wilfully and without tbe consent of tbe owners entered upon tbe land of Eanny Englebardt and Mattie Englehardt and cut and carried off timber of tbe value of less than twenty-five dollars, against tbe peace and dignity of tbe State of Alabama.” Tbe defendants demurred to this count of tbe indictment…
1Opinion of the CourtMcCLELLAN, J.
These three cases were tried below and are submitted here together. They involve the same questions, presented here in separate bills of exceptions and records. Each of the bills of exceptions states that it contains all the evidence adduced on the trial. There is no evidence in either of them that the offense charged and under investigation was committed in the County of Montgomery, by the grand jury of which the indictments were returned in the criminal court of which the trials were had. The offenses were therefore not proved as laid and the City Court should have given the affirmative…
2Cases cited1 opinion
- Cawthorn v. StateSupreme Court of Alabama · 1879
3Cited by8 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Barnes v. StateSupreme Court of Alabama · 1901
- Henderson v. StateSupreme Court of Alabama · 1894
- Bailey v. StateSupreme Court of Alabama · 1897
- Boykin v. StateSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.