Childs v. State
Alabama Court of Appeals
Appeal from Circuit Court, Pike County; A. B. Poster, Judge. W. A. Childs was convicted of failing to dip cattle, and appeals.
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Appeal from Circuit Court, Pike County; A. B. Poster, Judge. W. A. Childs was convicted of failing to dip cattle, and appeals. The conviction of defendant was on an affidavit made before a justice of the peace, charging that “he did unlawfully and willfully fail or refuse to dip all cattle owned by him or in his charge at the time and place designated by an inspector commissioned by the state live stock sanitary board after being notified to do so by said inspector, in violation of the rules and regulations of the said board, against the péace,” etc.
1Opinion of the CourtSampord, J.
The rules and regulations authorized to be enacted by. the state live stock sanitary board, when adopted, are in the nature of ordinances, and as such must be pleaded and proved before the courts will permit them to become the basis for a criminal prosecution. We tried to give the correct rule in Powell v. State, 75 South. 269, 1 and while that part of the opinion was dictum in that ease, we adhere to it here. The demurrer should have been sustained.
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
1
Ante, p. 63.
2Cases cited1 opinion
- Powell v. StateAlabama Court of Appeals · 1917
3Cited by3 opinions
- Griffin v. StateAlabama Court of Appeals · 1918
- State v. SchmidtWashington Supreme Court · 1924
- Covington County v. PickeringMississippi Supreme Court · 1920