Caylor v. State

FOSTER J.

The opinion of the Court of Appeals, as expressed in this case on this and former appeal (21 Ala. App. 627, 111 So. 195), and in the case of Higginbothan v. State, 20 Ala. App. 476, 103 So. 71, and Spears v. State, 21 Ala. App. 129, 106 So. 72, is that section 4491 of the Code means that the venue of the prosecution there referred to is in the county in which there is a breach of duty to support the wife and (or) children. A careful consideration of said Code section discloses that it is in form a legislative direction as to what shall be held as to the place of the commission of cm…