Howell v. State
Supreme Court of Alabama
Appeal from Geneva County Court. Heard before Hon. E. F. Ellsberry. Jim Howell was convicted of failing to work the public road, and he appeals.
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Appeal from Geneva County Court. Heard before Hon. E. F. Ellsberry. Jim Howell was convicted of failing to work the public road, and he appeals. Counsel discusses the various sections bearing upon the question, to-w'it: sections 5804, 5808 and 7737, and insists that the distance must be computed by the practical and usual routes traveled, and not by an air line, and that the criminal statute has- no application 'where a new road is to be opened, but cites no authority in support of his contention. Counsel insist that by analogy of the statute relative to opening and working new roads, that…
1Opinion of the CourtSayre, J.
This prosecution was had in the county court of Geneva. The affidavit followed the language of section 7737 of the Code of 1907. The evidence showed that the defendant had been duly warned to work on the opening of a new road which the court of county commissioners had ordered to be opened. , Appellant predicates his right to the general charge upon the theory that the section under which the prosecution, was instituted has no application to the case of persons warned to work on the opening of a new road, but applies only in cases where persons liable to -road duty are warned to work upon…
2Cited by2 opinions
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- Golden v. StateAlabama Court of Appeals · 1913