Moss v. State

The facts of the case are sufficiently stated in the opinion.

ANDERSON, J.

This prosecution was started by an indictment by the grand jury under section 5392. of the Code of 1896, and not under section 2481 of the Code.

Section 5392 provides that, “Any person, liable to road duty, who willfully fails or refuses, after legal notice, to work the public roads, either in person or by substitute, without a sufficient excuse therefor, must, on conviction, be fined,” etc.

The defendant testified that at the time he was warned to work he was physically unable to do so, and also introduced sworn…