Musgrove v. State

Supreme Court of Alabama

Musgrove v. State

139 Ala. 137

DecidedNovember 15, 1903

StatusPublished

This text of 139 Ala. 137 (Musgrove v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Musgrove v. State, 139 Ala. 137 (Ala. 1903).

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Opinion

TYSON, J. —

Tlie indictment upon which the defendant was tried and convicted is fatally defective, in not averring that the trespass was committed within six months after tlie warning. — Code, § 5606. It charges no offense and will not, therefore, support a judgment of conviction. — Anderson v. State, 130 Ala. 126.

It is unnecessary to consider the exceptions reserved during the thial, since the judgment of conviction must be reversed on the point considered.

Reversed and remanded.

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TYSON, J. —

Tlie indictment upon which the defendant was tried and convicted is fatally defective, in not averring that the trespass was committed within six months after tlie warning. — Code, § 5606. It charges no offense and will not, therefore, support a judgment of conviction. — Anderson v. State, 130 Ala. 126.

It is unnecessary to consider the exceptions reserved during the thial, since the judgment of conviction must be reversed on the point considered.

Reversed and remanded.

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Bluebook (online)

139 Ala. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musgrove-v-state-ala-1903.

Opinion

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