Taylor v. State
Supreme Court of Alabama
Arpead from Hale County Court. Heard, before Hon. W. C. Christian. Defendant was tried and convicted for failure to work the roads.
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Arpead from Hale County Court. Heard, before Hon. W. C. Christian. Defendant was tried and convicted for failure to work the roads. Defense endeavored to be interposed by the defendant was that he lived in the town of Greensboro, and had paid street tax to said town for the year ending March 1, 1906. That he was out of town temporarily, working for one Otts who had secured a fine and costs for. liim, and tha.t as soon as said fine and costs were fully paid, it was his intention to return to his home in Greensboro. These, facts were offered to be shown by the witness Otts, hut on motion of the…
1Opinion of the CourtSimpson, J.
The defendant in this case was tried by the court without a jury, and found guilty of the offense of willfully failing or refusing to- work the public road after legal notice, as charged in the indictment.
The court erred in sustaining the objection to the question by the defendant to- the witness Otts, and in refusing to allow proof by said witness of the facts proposed. If the defendant was a resident of an incorporated town, where he was paying his street tax, and only temporarily in the country -for.the purpose of working out his fine or indebtedness, with the intention of then returning…
2Cases cited1 opinion
- Spann v. StateSupreme Court of Alabama · 1848
3Cited by5 opinions
- Moore v. StateAlabama Court of Appeals · 1915
- City of Mobile v. CollinsAlabama Court of Appeals · 1930
- City of Montgomery v. BarefieldAlabama Court of Appeals · 1911
- Ex Parte City of BirminghamSupreme Court of Alabama · 1918
- Whitt v. City of GadsdenSupreme Court of Alabama · 1909