Jones v. State
Alabama Court of Appeals
Failure to Work the Road. Appeal, from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Walter Jones was convicted of failing to work on the public roads after notice, and lie appeals. It appears from the evidence that, at tbe time Jones was warned to work tlie road, be ivas over 18 years old. It was further attempted to be shown by defendant that Walter Jones’ father forbade him to go and work upon the road after the warning, and for that reason he declined to do so.
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Failure to Work the Road. Appeal, from Baldwin Circuit Court. Heard before Hon. A. E. Gamble. Walter Jones was convicted of failing to work on the public roads after notice, and lie appeals. It appears from the evidence that, at tbe time Jones was warned to work tlie road, be ivas over 18 years old. It was further attempted to be shown by defendant that Walter Jones’ father forbade him to go and work upon the road after the warning, and for that reason he declined to do so. Objections to this evidence were interposed by the state and sustained. At the request of the state the court gave the…
1Opinion of the CourtWalker, P. J.
To constitute the statutory offense with which the appellant was charged, his failure to work the public roads must have been willful, and without a sufficient excuse. — Code, § 7737; Ward v. State, 88 Ala. 202, 7 South. 298. The evidence was ■without conflict to the effect that at the time he failed and refused to work the public road, when duly notified or warned to do so, he was a minor over 18 years of age, and that his only excuse for such failure or refusal was that his father would not let him go, or permit him to work the public road. It is not claimed that the appellant’s excuse was…
2Cases cited6 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Williams v. StateSupreme Court of Alabama · 1887
- Harrison v. StateSupreme Court of Alabama · 1861
- Johnson v. StateSupreme Court of Alabama · 1878
- Robinson v. StateAlabama Court of Appeals · 1913
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3Cited by1 opinion
- James v. StateAlabama Court of Appeals · 1916