Williams v. State

• Decision Date: 14 February 1913
• Citation: 61 So. 465,7 Ala.App. 104
• Parties: WILLIAMS v. STATE.
• Court: Alabama Court of Appeals

61 So. 465

7 Ala.App. 104

WILLIAMS v. STATE.

Court of Appeals of Alabama

February 14, 1913

Appeal from Lawrence County Court; J.C. Kumpe, Judge.

John Williams was convicted of crime, and he appeals. Reversed and remanded.

John Williams, of Moulton, for appellant.

E.C. Brickell, Atty. Gen., and W.L. Martin Asst. Atty. Gen., for the State.

WALKER P.J.

In support of the charge made against the defendant that he "being the owner or manager of three cows, did knowingly suffer such cows to run at large in a district wherein such cows were prohibited by law from running at large," the prosecution offered in evidence the minutes of the court of revenue of Lawrence county purporting to show the establishment of such a district, pursuant to the authority conferred by the act approved February 28, 1881, "to authorize the commissioners' court, or court or board of county revenues, of the counties of Marengo, *** Lawrence and Perry, to establish or abolish districts in which stock may be prevented from running at large." Acts of Ala 1880-81, p. 163. The defendant duly excepted to the action of the court in overruling his objection to the admission of this evidence, upon the ground, among others, that it failed to show that a petition by 10 freeholders was filed, as required by the provision of the statute to entitle the court of revenue to take such action. It is plain that the statute makes it a prerequisite to the existence of the right of the court of revenue to exercise the special power or jurisdiction conferred that "ten freeholders petition said court in writing," as required by the provisions of section 2 of the act; and it is not to be questioned that the record of the proceeding must affirmatively show the existence of the facts upon which the court's jurisdiction or authority to act rests. Stanfill v. Court of County Revenue, 80 Ala. 287; Commissioners' Court of Henry County v. Holland, 58 So. 270; Mayfield et al. v. Court of County Commissioners, 148 Ala. 548, 41 So. 932; Joiner v Winston, 68 Ala. 129. The minutes offered in evidence contained recitals of the facts of the filing of a petition, which was set out, and of the giving of described notices, followed by the statement that, "upon the consideration of the said petition and the proof adduced therein, it is considered that said petition be granted," and concluded with a formal order to that effect. The petition described the...