Golden v. State
Alabama Court of Appeals
Appeal from Elmore Circuit Court. Heard before Hou. W. W. Pearson. Dan Golden was convicted for failure to worlc the public roads, and he appeals. Part of the oral charge objected to is as follows: “If from a fair and just consideration of all the evidence in the case you are satisfied beyond a reasonable doubt that defendant did not have a sufficient excuse, then it will be your duty in this case to convict defendant.”
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Appeal from Elmore Circuit Court. Heard before Hou. W. W. Pearson. Dan Golden was convicted for failure to worlc the public roads, and he appeals. Part of the oral charge objected to is as follows: “If from a fair and just consideration of all the evidence in the case you are satisfied beyond a reasonable doubt that defendant did not have a sufficient excuse, then it will be your duty in this case to convict defendant.” The court erred in admitting the record of the report of the road viewers, and of the Commissioner’s Court establishing the road. — Sec. 5774, Code 1907; 39 Cyc. 103, 121. The…
1Opinion of the CourtPelham, J.
The defendant in the circuit court appeals from a judgment of conviction for failing to work a public road. — Code, § 7737.
On the tidal of the case it ivas shown that the defendant had been warned to work on the opening of a new road not therefore established, and the state introduced in evidence.the record of the order of the commissioners’ court establishing the road, the record of the report of the road viewers, and other minutes of the commissioners’ court showing the establishment of the road as a public thoroughfare. The defendant objected to the introduction of this record evidence,,…
2Cases cited3 opinions
- Ballard v. CookSupreme Court of Alabama · 1910
- Howell v. StateSupreme Court of Alabama · 1911
- Cleckler v. MorrowSupreme Court of Alabama · 1907
3Cited by1 opinion
- Hicks v. StateAlabama Court of Appeals · 1917