Jacobs v. State, 8 Div. 695
| Court | Alabama Court of Appeals |
| Writing for the Court | BRICKEN, P.J. |
| Citation | 85 So. 837,17 Ala.App. 396 |
| Decision Date | 06 April 1920 |
| Docket Number | 8 Div. 695 |
| Parties | JACOBS v. STATE. |
85 So. 837
17 Ala.App. 396
JACOBS
v.
STATE.
8 Div. 695
Court of Appeals of Alabama
April 6, 1920
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge.
Frank Jacobs was convicted of knowingly permitting cattle to run at large and go upon the lands of another without his consent, in violation of the stock law regulations, and he appeals. Reversed and remanded.
[17 Ala.App. 397] Lanier & Pride, of Huntsville, for appellant.
J.Q. Smith, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
BRICKEN, P.J.
The defendant was convicted for the offense of knowingly permitting his cattle to run at large or go upon the lands of J.H. Durham without his consent, within a stock law district, etc. The prosecution originated in the inferior criminal court of Madison county; the affidavit of one J.H. Durham being sworn to and [85 So. 838] subscribed before Carter H. Rice, clerk of said court. The warrant of arrest was duly issued and made returnable before the judge of the inferior criminal court of Madison [17 Ala.App. 398] county, Ala., and, so far as this court may know from the record before us, the cause is still pending in the inferior criminal court.
This appeal purports to be from a judgment of conviction in the circuit court of Madison county, but nowhere in the record is it shown from what source the circuit court acquired jurisdiction of the case, nor is it shown upon what process the cause was tried in the circuit court. If the case was finally tried in the inferior criminal court, and judgment of conviction rendered against the defendant, and from such judgment an appeal was taken, these facts necessarily must affirmatively appear from the record. Haynes v. State, 5 Ala.App. 167, 59 So. 325; Perry v. State, 81 So. 858. If an appeal is taken to the circuit court, the cause must there be tried upon a brief statement of complaint, signed by the solicitor, as provided by Code 1907, § 6732, unless such complaint is shown to have been waived by and with the consent of defendant. Moss v. State, 42 Ala. 546; Haynes v. State, supra; Perry v. State, supra; Howard v. State, 81 So. 345. These necessary requirements are not shown by the record; hence a reversal of the judgment of conviction in the circuit court must follow, under the authority of the cases above cited.
As a result of the above holding, which is conclusive of this appeal, it would not appear to be necessary that other questions presented should be...
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Thornhill v. State of Alabama, No. 514
...that under Section 3448 everyone must be deemed to intend the natural and probable consequences of his acts. See Jacobs v. State, 17 Ala.App. 396, 85 So. 837; Reed v. State, 18 Ala.App. 371, 92 So. 513; Weeks v. State, 24 Ala.App. 198, 132 So. 870, certiorari denied 222 Ala. 442, 132 So. 87......
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Palmer v. State, 5 Div. 262
...is basic that criminal and penal statutes are to be strictly construed. Grantland v. State, 8 Ala.App. 319, 62 So. 470; Jacobs v. State, 17 Ala.App. 396, 82 So. 837; Knowles v. State, 19 Ala.App. 476, 98 So. 207. However, even penal laws are not to be construed so strictly as to defeat the ......
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Hall v. State, 3 Div. 20
...of his acts were intended.' Sometimes the concluding phrase, 'unless it is shown to the contrary,' is added. Jacobs v. State, 17 Ala.App. 396, 85 So. 837; Jones v. State, 29 Ala.App. 126, 193 So. 179; Lanier v. State, 31 Ala.App. 242, 15 So.2d 278; Williams v. State, 13 Ala.App. 133, 69 So.......
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Hydrick v. State, No. 42564
...knowingly performed. See 22 C.J.S. Criminal Law Sec. 35, p. 121; Heard v. State, 177 Miss. 661, 171 So. 775; Jacobs v. State (Ala.1920) 17 Ala.App. 396, 85 So. 837. We point out here, however, that this Court has said in opinions heretofore that instructions in criminal cases embodying abst......
-
Thornhill v. State of Alabama, No. 514
...that under Section 3448 everyone must be deemed to intend the natural and probable consequences of his acts. See Jacobs v. State, 17 Ala.App. 396, 85 So. 837; Reed v. State, 18 Ala.App. 371, 92 So. 513; Weeks v. State, 24 Ala.App. 198, 132 So. 870, certiorari denied 222 Ala. 442, 132 So. 87......
-
Palmer v. State, 5 Div. 262
...is basic that criminal and penal statutes are to be strictly construed. Grantland v. State, 8 Ala.App. 319, 62 So. 470; Jacobs v. State, 17 Ala.App. 396, 82 So. 837; Knowles v. State, 19 Ala.App. 476, 98 So. 207. However, even penal laws are not to be construed so strictly as to defeat the ......
-
Hall v. State, 3 Div. 20
...of his acts were intended.' Sometimes the concluding phrase, 'unless it is shown to the contrary,' is added. Jacobs v. State, 17 Ala.App. 396, 85 So. 837; Jones v. State, 29 Ala.App. 126, 193 So. 179; Lanier v. State, 31 Ala.App. 242, 15 So.2d 278; Williams v. State, 13 Ala.App. 133, 69 So.......
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Hydrick v. State, No. 42564
...knowingly performed. See 22 C.J.S. Criminal Law Sec. 35, p. 121; Heard v. State, 177 Miss. 661, 171 So. 775; Jacobs v. State (Ala.1920) 17 Ala.App. 396, 85 So. 837. We point out here, however, that this Court has said in opinions heretofore that instructions in criminal cases embodying abst......