McDade v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. AbbiNGTON. The indictment in this case charged that the defendant “unlawfully discharged a pistol along or across a certain public road known as the Mount Meigs road;” being found guilty and fined $10, which was not presently paid, he was sentenced to hard labor for the county for ten days, and an additional term of eight months for the costs, which were ascertained to be $213.50. “On the trial”, as the bill…
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From the City Court of Montgomery. Tried before the Hon. Thos. M. AbbiNGTON. The indictment in this case charged that the defendant “unlawfully discharged a pistol along or across a certain public road known as the Mount Meigs road;” being found guilty and fined $10, which was not presently paid, he was sentenced to hard labor for the county for ten days, and an additional term of eight months for the costs, which were ascertained to be $213.50. “On the trial”, as the bill of exceptions states, “the State introduced testimony tending to prove that the defendant, within twelve months before…
1Opinion of the CourtColeman, J.
The defendant was indicted and convicted for violating section 4095 of the Penal Code, wbicb provides that “Any person who discharges a gun, or any other kind of fire-arms, along or across a public road, must on conviction be fined,”- etc. The material question is, whether the road along which defendant was travelling at the time he discharged the pistol, was a public road, within the meaning of the statute. The evidence sufficiently appears in the statement of the facts of the .case.
Section 1389 of the Code declares, “No public road can be established, changed, or discontinued, except on…
2Cases cited2 opinions
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Mills v. StateSupreme Court of Alabama · 1852
3Cited by8 opinions
- Harvey v. WarrenSupreme Court of Alabama · 1925
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
- City of Mobile v. FowlerSupreme Court of Alabama · 1906
- Thrasher v. BurrSupreme Court of Alabama · 1918
- Barks v. Jefferson CountySupreme Court of Alabama · 1898
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