Bruner v. State

Alabama Court of Appeals

Bruner v. State

79 So. 154, 16 Ala. App. 480, 1918 Ala. App. LEXIS 171

CourtAlabama Court of Appeals

DecidedJune 11, 1918

Docket4 Div. 562

StatusPublished

This text of 79 So. 154 (Bruner 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

Bruner v. State, 79 So. 154, 16 Ala. App. 480, 1918 Ala. App. LEXIS 171 (Ala. Ct. App. 1918).

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Opinions

BROWN, P. J.

The indictment charges that defendant unlawfully, wantonly, or maliciously killed, disabled, disfigured, destroyed, or injured three hogs, the property of John Leroy. The evidence tends to show that at the time the hogs were killed, they were ■trespassing upon the defendant’s property, or property under his management and control, and there is some evidence tending to show that they were trespassing upon a growing crop.

The evidence shows that the farm of Leroy and that under the control of the defendant were adjoining farms, and defendant offered to show that these hogs had repeatedly trespassed on the crops under his supervision or control; that he had given repeated notices to the owner of the hogs about the trespasses, and made request of the owner of the hogs that they be kept off of defendant’s premises. On objection of the solicitor, the court refused to allow this proof to be made. This ruling is in accord with the holding in Thompson v. State, 67 Ala. 106, 42 Am. Rep. 101; Johnson v. Patterson, 14 Conn. 1, 35 Am. Dec. 96. This disposes of the only question presented by this appeal.

Affirmed.

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BROWN, P. J.

The indictment charges that defendant unlawfully, wantonly, or maliciously killed, disabled, disfigured, destroyed, or injured three hogs, the property of John Leroy. The evidence tends to show that at the time the hogs were killed, they were ■trespassing upon the defendant’s property, or property under his management and control, and there is some evidence tending to show that they were trespassing upon a growing crop.

The evidence shows that the farm of Leroy and that under the control of the defendant were adjoining farms, and defendant offered to show that these hogs had repeatedly trespassed on the crops under his supervision or control; that he had given repeated notices to the owner of the hogs about the trespasses, and made request of the owner of the hogs that they be kept off of defendant’s premises. On objection of the solicitor, the court refused to allow this proof to be made. This ruling is in accord with the holding in Thompson v. State, 67 Ala. 106, 42 Am. Rep. 101; Johnson v. Patterson, 14 Conn. 1, 35 Am. Dec. 96. This disposes of the only question presented by this appeal.

Affirmed.

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Bluebook (online)

79 So. 154, 16 Ala. App. 480, 1918 Ala. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruner-v-state-alactapp-1918.

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