Legal Opinion

State v. Street

Supreme Court of Alabama

Decided November 15, 1897PublishedCited by 50 opinions

Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The indictment under which the appellees in this case were indicted, tried and convicted, was as follows : “The grand jury of said county charge that before the finding of this indictment, Westly Hughes and Tuttle Thompson, two of the members of the- court of county commissioners for Marshall county, Alabama, and Thomas A. Street, probate judge and clerk of the court of county commissioners for…

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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. The indictment under which the appellees in this case were indicted, tried and convicted, was as follows : “The grand jury of said county charge that before the finding of this indictment, Westly Hughes and Tuttle Thompson, two of the members of the- court of county commissioners for Marshall county, Alabama, and Thomas A. Street, probate judge and clerk of the court of county commissioners for Marshall county, constituting a majority of said court of county commissioners, willfully failed at the first regular…

1Opinion of the CourtBrickell, C. J.

The indictment alleges that two of the defendants are members of the court of county commissioners of the county of Marshall, and that the other defendant is the judge of probate of the county; and that they willfully failed to discharge duties imposed on them by an act of the last General Assembly, approved February 18th, 1897, entitled “An act for the improvement of roads and bridges in Marshall county, Alabama.” (Pamph. Acts, 1896-97, pp. 1228-36.) A demurrer was interposed to the indictment assigning ten causes. The ninth and tenth causes assail the constitutionality of the act, and these…

2Cases cited2 opinions

  1. Edwards v. WilliamsonSupreme Court of Alabama · 1881
  2. Hare v. KennerlySupreme Court of Alabama · 1887

3Cited by50 opinions

  1. Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
  2. Coyle v. SmithSupreme Court of Oklahoma · 1911
  3. Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
  4. Toole v. StateSupreme Court of Alabama · 1910
  5. State v. McCartyAlabama Court of Appeals · 1912

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