Isbell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; H. D. Merrill, Judge. J. L. Isbell was convicted for using the public roads by driving a two-horse wagon or dray thereover without having procured license therefor, and he appealed.
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Appeal from Circuit Court, Shelby County; H. D. Merrill, Judge. J. L. Isbell was convicted for using the public roads by driving a two-horse wagon or dray thereover without having procured license therefor, and he appealed. The indictment was as follows: The grand jury of said county charge that within 12 months before the finding of this indictment, and prior to January 1, 1919, Laney Isbell, alias J. L. Isbell, the owner of a vehicle, to wit, a two-horse wagon or á two-horse dray, did use the said two-horse wagon or the said two-horse dray upon the public roads of Shelby county, Ala.,…
1Opinion of the CourtSamford, J.
[1,2] The indictment does not state when the rules and regulations were adopted, nor allege with sufficient certainty the provisions of the ordinance. Being an ordinance by the board of revenue of which this court does not take judicial notice, it must be specially pleaded with sufficient certainty to show that it was in existence at the time the act is alleged to have been committed, and to put the defendant on notice as to what the ordinance contained respecting the particular act with which he is charged.
It was not a violation of the law of the state to use a two-horse wagon or two-horse…
2Cases cited10 opinions
- Kennamer v. StateSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. State Board of AssessmentSupreme Court of Alabama · 1885
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Miller v. StateAlabama Court of Appeals · 1918
- Mills v. Court of Com'rsSupreme Court of Alabama · 1920
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stinson v. City of BirminghamAlabama Court of Appeals · 1944
- G.M. Acceptance Corp. v. City of Red BaySupreme Court of Alabama · 2002
- McClure v. StateAlabama Court of Appeals · 1920
- Craven v. StateAlabama Court of Appeals · 1921
- Carver v. StateAlabama Court of Appeals · 1925
3 more not listed; retrieve them via the Exa API.