Tims v. State
Supreme Court of Alabama
ERROR from the Circuit Court of Pick ens. Tried before the Hon. Geo. D. Shortridge. The indictment in this case, which was found at the Spring term, 1854, of the Circuit Court of Pickens, is in these words : “ The grand jury of said county charge, that, before the finding of this indictment, Daniel Tims, an overseer of roads in said county, failed to discharge Ms duties as such overseer, against the peace and dignity of the State of Alabama.”
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ERROR from the Circuit Court of Pick ens. Tried before the Hon. Geo. D. Shortridge. The indictment in this case, which was found at the Spring term, 1854, of the Circuit Court of Pickens, is in these words : “ The grand jury of said county charge, that, before the finding of this indictment, Daniel Tims, an overseer of roads in said county, failed to discharge Ms duties as such overseer, against the peace and dignity of the State of Alabama.” At the Fall term, 1854, the proceedings which were had are thus set out in the record : “ 1. The said Daniel Tims, in his own proper person, an,d by…
1Opinion of the CourtGoldthwaite, J.
— By the Code (§ 1179) certain defaults and omissions of duty on the part of overseers of roads are declared to be misdemeanors, and were therefore indictable offences (Code, § 3074). By the third section of the act of 7th January, 1854, (Acts of 1853-4, 247,) it is enacted; “ that defaulting overseers on roads shall be triable before a *167justice of the peace of their respective precincts, subject to the same penalty as required by the law now regulating the same under higher jurisdictions” ; and. the same section contains a clause repealing all laws contrary to the provisions of the act. The…
2Cases cited1 opinion
- Boring v. WilliamsSupreme Court of Alabama · 1850
3Cited by58 opinions
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- Ex Parte GilesSupreme Court of Alabama · 1994
- State v. PrinceNew Mexico Supreme Court · 1948
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