Legal Opinion

Thompkins v. State

Alabama Court of Appeals

Decided April 19, 1911PublishedCited by 3 opinions

Appeal from Bessemer City Court. Heard before Hon. William Jackson. H. J. Thompkins was convicted of malicious injury to animals, and he appeals. The court erred in overruling demurrers to the complaint. — 66 Ala. 465; TO Ala. 12; 77 Ala. 66. There can be no conviction without proof of guilty intent where it is the essence of a crime. — 2 Bish. Orim. Law 1162a.

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Appeal from Bessemer City Court. Heard before Hon. William Jackson. H. J. Thompkins was convicted of malicious injury to animals, and he appeals. The court erred in overruling demurrers to the complaint. — 66 Ala. 465; TO Ala. 12; 77 Ala. 66. There can be no conviction without proof of guilty intent where it is the essence of a crime. — 2 Bish. Orim. Law 1162a. The court erred in its judgment on the facts and an exception to the findings and judgment of the court on the facts is sufficient to raise the question of venue on appeal. — Sec. 5261, Code 1907. Yenue must be proven in all cases. —…

1Opinion of the CourtPelham, J.

The prosecution in this case was instituted under section 6230 of the Code by affidavit and warrant issuing out of the city court of Bessemer, and the defendant was tried and convicted under that section for malicious injury to an animal. The jurisdiction of the city' court of Bessemer is limited to a certain territorial part of Jefferson county, consisting of 13 precincts, and including the city of Bessemer. — Local Acts, Jefferson county, p. 115.

The appeal is taken from the judgment of conviction rendered in the city court of Bessemer on a trial had before the judge of the court, without a…

2Cases cited5 opinions

  1. Randolph v. StateSupreme Court of Alabama · 1893
  2. Barnes v. StateSupreme Court of Alabama · 1901
  3. Henderson v. StateSupreme Court of Alabama · 1894
  4. Brown v. StateSupreme Court of Alabama · 1893
  5. Harvey v. StateSupreme Court of Alabama · 1899

3Cited by3 opinions

  1. Pearson v. StateAlabama Court of Appeals · 1912
  2. Davidson v. StateAlabama Court of Appeals · 1912
  3. Holder v. StateAlabama Court of Appeals · 1923

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