Jacobs v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. The defendant was indicted, tried and convicted for violating the road law of Jackson County. The facts sufficiently appear in the opinion. The act being intended as a complete system for the maintenance of the public roads of Jackson County, supersedes and repeals all other laws in reference thereto. The act does not constitute the failure to- work the public roads a crime.
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Appeal from Jackson Circuit Court. Heard before 1-Ion. W. W. Haralson. The defendant was indicted, tried and convicted for violating the road law of Jackson County. The facts sufficiently appear in the opinion. The act being intended as a complete system for the maintenance of the public roads of Jackson County, supersedes and repeals all other laws in reference thereto. The act does not constitute the failure to- work the public roads a crime. It provides a mere penalty recoverable alone by civil action, besides the violation of the local law will not justify prosecution under a general law…
1Opinion of the CourtAnderson, J.
The defendant was tried and convicted under section 12 of the road law for Jackson county. Local Acts 1903, p. 682. The record discloses the liability of defendant to road duty, a legal warning under the act, and a default by him.
It is insisted by counsel for appellant that this law, being a local one, is repugnant- to section 106 of the Constitution, owing to the insufficiency of the proof of the notice of the intended application. This act, as passed, is House Bill No. 997. We find on page 1688 of the House Journal where this bill was introduced, and immediately following it is the…
2Cases cited1 opinion
- Sisk v. CargileSupreme Court of Alabama · 1902
3Cited by5 opinions
- State Ex Rel. Wilkinson v. AllenSupreme Court of Alabama · 1929
- Jackson v. StateSupreme Court of Alabama · 1911
- State Ex Rel. Austin v. BlackSupreme Court of Alabama · 1932
- Tucker v. State Ex Rel. PooleSupreme Court of Alabama · 1935
- Parrish v. FaulkSupreme Court of Alabama · 1974