Bigham v. State

Alabama Court of Appeals

Bigham v. State

84 So. 870, 17 Ala. App. 345, 1920 Ala. App. LEXIS 37

CourtAlabama Court of Appeals

DecidedFebruary 3, 1920

Docket4 Div. 604.

StatusPublished

This text of 84 So. 870 (Bigham v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bigham v. State, 84 So. 870, 17 Ala. App. 345, 1920 Ala. App. LEXIS 37 (Ala. Ct. App. 1920).

Pincite

Opinion

SAMFORD, J.

The record shows the indictment upon which the trial was had to have been returned by the grand jury at the spring term of the circuit court for Barbour county, 1918, and filed in court April 12, 1918. The undisputed evidence shows that the mule alleged to have been killed by defendant was killed in October, 1918, about six months after the indictment was returned. It is possible that this is a mistake as to date, but, if so, there is nothing here to indicate it. The affirmative charge was asked by defendant, and should have been given.

The other rulings of the court are free from error.

For the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

SAMFORD, J.

The record shows the indictment upon which the trial was had to have been returned by the grand jury at the spring term of the circuit court for Barbour county, 1918, and filed in court April 12, 1918. The undisputed evidence shows that the mule alleged to have been killed by defendant was killed in October, 1918, about six months after the indictment was returned. It is possible that this is a mistake as to date, but, if so, there is nothing here to indicate it. The affirmative charge was asked by defendant, and should have been given.

The other rulings of the court are free from error.

For the error pointed out, the judgment is reversed, and the cause is remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

84 So. 870, 17 Ala. App. 345, 1920 Ala. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigham-v-state-alactapp-1920.