Legal Opinion

Dean v. State

Supreme Court of Alabama

Decided February 6, 1908PublishedCited by 2 opinions

Appeal from Bessemer City Court. Heard before Hou. William Jackson. Louis R. Dean was convicted of violating Code 1896, 5 5368, requiring conductors of trains to keep thereon sufficient good drinking water, and lie appeals. The section under which the indictment was drawn was intended for the comfort and convenience of passengers. — Dean r.

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Appeal from Bessemer City Court. Heard before Hou. William Jackson. Louis R. Dean was convicted of violating Code 1896, 5 5368, requiring conductors of trains to keep thereon sufficient good drinking water, and lie appeals. The section under which the indictment was drawn was intended for the comfort and convenience of passengers. — Dean r. The, State, 149 Ala. 34. The offense being purely statutory, the indictment must follow the language of the statute. — Jfiles v. The State, 94 Ala. 106; Giles v. The State, 89 Ala. 50; A gee v. The State, 25 Ala. 67. The railway in question was not such as…

1Opinion of the CourtDowdell, J.

This is the second appeal in this case. Dean v. Sia-te, 149 Ala. 34, 43 South. 24. The case was tried by the court below without a jury. There was a special finding of the facts by the court, and judgment rendered thereon. We know of no law authorizing a special finding of facts by the court in the trial of a criminal case, and hence such special finding can exert no influence on this appeal.

There is a bill of exceptions in the record, which purports to set out all of the evidence had on the trial. Under section 14 of an act approved February 28, 1901 (Loc. Acts 1900-01, p. 1862),…

2Cases cited1 opinion

  1. Dean v. StateSupreme Court of Alabama · 1907

3Cited by2 opinions

  1. State v. GoldsteinSupreme Court of Alabama · 1922
  2. State v. GoldsteinAlabama Court of Appeals · 1922

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