Lee v. State
Supreme Court of Alabama
Appeal from Hale County Court.. Heard before Hon. W. C. Christian. Defendant was indicted, tried and convicted for the offense of failing to work the public roads. The testimony showed that in 1902 and 1903 the defendant was apportioned to a certain road. The solicitor was permitted to ask the witness over the objection of defendant, “did you in Nov. 1902, warn the defendant to work the public road.
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Appeal from Hale County Court.. Heard before Hon. W. C. Christian. Defendant was indicted, tried and convicted for the offense of failing to work the public roads. The testimony showed that in 1902 and 1903 the defendant was apportioned to a certain road. The solicitor was permitted to ask the witness over the objection of defendant, “did you in Nov. 1902, warn the defendant to work the public road. The witness answered, “I gave the defendant three days warning to work the road telling him where to meet me. I warned him on Monday to- work on Friday. He did not come. The defendant moved to…
1Opinion of the CourtAnderson, J.
While the statute (section 4901 of the Code of 1896) dispenses with the necessity for stating the precise time at which the offense was committed, the law requires that all indictments must he found on legal evidence, and when an indictment- charges an offense, it means the one testified to before the grand jury, and not one that may have been committed by the defendant at some other time, and which was not considered by the grand jury. While the indictment in the case at bar did not have to aver the precise time the offense was committed, it did charge the defendant with the commission of…
2Cases cited2 opinions
- O'Brien v. StateSupreme Court of Alabama · 1890
- Sullivan v. StateSupreme Court of Alabama · 1881
3Cited by6 opinions
- State v. SheffieldUtah Supreme Court · 1915
- Coleman v. StateSupreme Court of Alabama · 1907
- Barefield v. StateAlabama Court of Appeals · 1916
- Lawson v. StateSupreme Court of Alabama · 1907
- Gayden v. StateSupreme Court of Alabama · 1955
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