James v. State
Decision Date | 09 February 1911 |
Citation | 54 So. 494,170 Ala. 72 |
Parties | JAMES v. STATE. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge.
Will James was convicted of malicious injury to an animal, and he appeals. Reversed and remanded.
A. E. Pace and W. L. Lee, for appellant.
Robert C. Brickell, for the State.
The expression of the solicitor, in the course of argument, that "if the negro was taken out of court there would not be much left," was not warranted by any evidence in the case, nor is it a fact of which this or any other court can take judicial knowledge; for it is a matter of common knowledge that much would be left for the courts with the negro eliminated, as they are not the only lawbreakers in the state. Tanehill v. State, 159 Ala. 51, 48 So. 662, and many cases there cited.
The indictment was not subject to the demurrer for failing to aver the amount of the damage or injury to the cow. Thomas v. State, 52 So. 34. Nor was there any error in permitting the state, in rebuttal, to show that the cow was in the defendant's field the day of the alleged injury.
The state had the right to show the extent of the injury to the cow, and the value of the cow before and after the injury was the proper test for the jury in fixing the damages, and upon which is based the amount of the fine, under section 6230 of the Code of 1907; but the damage contemplated is only the actual damage to the property injured, and not damages resulting therefrom in the nature of compensation for the use or hire of same during the disability of the animal.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
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