Walker v. State
| Decision Date | 19 June 1890 |
| Parties | WALKER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from criminal court, Pike county; W. H. PARKS, Judge.
This prosecution was commenced on the 12th of December, 1889, by an affidavit or complaint on oath, made by Dennis Ramsey before LUCIUS REEVES, a justice of the peace of said county charging that William Walker did "unlawfully or want-only kill one cow, the property of Dennis Ramsey, of the value of $20." The justice thereupon issued his warrant of arrest for said Walker, "to answer a charge of unlawfully or wantonly killing a cow, the personal property of Dennis Ramsey," etc., and made it returnable before the next ensuing term of the criminal court of Pike county. Being duly arraigned in the criminal court, the defendant "demurred to the affidavit," on the ground that it charged no criminal offense, and "moved to quash the warrant" on the ground that it was issued without authority of law. This demurrer and motion were overruled and the defendant thereupon pleaded not guilty. On the trial the prosecution introduced evidence tending to show that the defendant shot and killed the cow. The defendant, testifying for himself, denied that he had shot the cow, but said that he struck her in the head with a small stone as he passed and was surprised to find her lying dead on his return a short time afterwards. It was proved that the cow had belonged to Dennis Ramsey, as alleged in the affidavit and warrant, but he had conveyed her by mortgage, together with other property, to J. M. Collier. The mortgage was dated March 6, 1889, and the debt secured thereby fell due on the 1st October, 1889. The cow was killed on or about December 1, 1889, and the defendant admitted that at that time a balance of about $40 was due and unpaid on the mortgage debt. On this evidence the defendant requested the court to charge the jury that they must find him not guilty, if they believed the evidence. This the court refused to do, and the defendant duly excepted to such refusal. The defendant asked a witness, "What was the market value of the cow in the neighborhood in which she was killed?" The state objected to this question, and the court sustained the objection; but allowed the witness to answer "as to her value in the neighborhood, and in other accessible and convenient market places." The defendant duly excepted to this ruling of the court also.
W. L. Martin, Atty. Gen., for the State.
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