Pike v. State

Supreme Court of Alabama

Pike v. State

35 Ala. 419

DecidedJanuary 15, 1860

StatusPublished

This text of 35 Ala. 419 (Pike 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

Pike v. State, 35 Ala. 419 (Ala. 1860).

Pincite

Opinion

R. W. AY ALICER, J.

1. Under sections 397-9 of the Code, it Avas not necessary for the indictment to allege, nor for the State to prove on the trial, that the exhibition was for profit. — Spaight v. The State, 29 Ala. 32.

2. AYhat was said by the defendant during the exhibition,Rvas a part of the res gesta, and Avas proper to be considered by the jury in assessing the fine. It appears that the fine imposed was not the minimum fine allowed in such cases ; and we cannot say, therefore, that the defendant Avas not injured by the exclusion of the evidence alluded to.

Judgment reversed, and cause remanded.

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R. W. AY ALICER, J.

1. Under sections 397-9 of the Code, it Avas not necessary for the indictment to allege, nor for the State to prove on the trial, that the exhibition was for profit. — Spaight v. The State, 29 Ala. 32.

2. AYhat was said by the defendant during the exhibition,Rvas a part of the res gesta, and Avas proper to be considered by the jury in assessing the fine. It appears that the fine imposed was not the minimum fine allowed in such cases ; and we cannot say, therefore, that the defendant Avas not injured by the exclusion of the evidence alluded to.

Judgment reversed, and cause remanded.

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Bluebook (online)

35 Ala. 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pike-v-state-ala-1860.

Opinion

R. W. AY ALICER, J.

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