Holley v. State
Alabama Court of Appeals
Shooting Across Public Road. Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Buster Holley was convicted of shooting across the public road, and be appeals. ' The shooting was not across the public road, but only across part of it, and hence, not violative of section 7727, Code 1907. — Scott’s Case, 156 Ala. 63. The evidence was not sufficient to show that the offense was committed within twelve months of the finding of the indictment.
1Opinion of the Court
THOMAS, J. —
The defendant was convicted of the offense prohibited by section 7727 of the Code, which makes it a misdemeanor for any person to “discharge a *34gun, or other firearm, along or across any public road.” There was no dispute in the evidence, and the court refused the general affirmative charge requested by the defendant, which action of the court, it is insisted here, was error for two reasons:
First. Because the statute mentioned, it is urged, in using the word “across,” was intended and should be construed to cover and apply to cases only where the shooting was entirely “across” the…
2Cases cited4 opinions
- Preist v. StateAlabama Court of Appeals · 1912
- Johnson v. Success Brick Machinery Co.Mississippi Supreme Court · 1913
- Scott v. StateSupreme Court of Alabama · 1907
- Doss v. StateAlabama Court of Appeals · 1913