Supreme Court of Alabama, 1903

Musgrove v. State

Musgrove v. State
Supreme Court of Alabama · Decided November 15, 1903 · Tyson
139 Ala. 137

Musgrove v. State

Opinion of the Court

TYSON, J. —

Tlie indictment upon which the defendant was tried and convicted is fatally defective, in not averring that the trespass was committed within six months after tlie warning. — Code, § 5606. It charges no offense and will not, therefore, support a judgment of conviction. — Anderson v. State, 130 Ala. 126.

It is unnecessary to consider the exceptions reserved during the thial, since the judgment of conviction must be reversed on the point considered.

Reversed and remanded.

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