Bowen v. State
Supreme Court of Alabama
Appeal from the County Court of Macon. Tried before the Hon. M. B. Abercrombie. The appellant in this case was tried and convicted under an affidavit which charged “that Harvey Bowen did run a ‘flying-jennie’ in said county this day, -without license against the peace and dignity of the State of Alabama.” The facts of the case are sufficiently stated in the opinion.
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Appeal from the County Court of Macon. Tried before the Hon. M. B. Abercrombie. The appellant in this case was tried and convicted under an affidavit which charged “that Harvey Bowen did run a ‘flying-jennie’ in said county this day, -without license against the peace and dignity of the State of Alabama.” The facts of the case are sufficiently stated in the opinion. The defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: '(1.) “Before the jury can convict the -defendant they must believe…
1Opinion of the CourtDowdell, J.
The record does not set ont the demurrer, and for aught that appeal's it may have been •entirely frivolous. Moreover, the offense as charged in the affidavit is sufficiently described to meet the requirements of the law in such cases, and we are unable to see that it was subject to demurrer.
The defendant was tried and convicted for a violation of subdivision 49, section 4122, Code of 1896. The evidence without dispute shows that the defendant collected the fares from those riding on the flying-jennie. In this, he aided and abetted in the operation of the •same, and it is wholly immaterial…
2Cases cited2 opinions
- Keller v. StateSupreme Court of Alabama · 1898
- Cagle v. StateSupreme Court of Alabama · 1888
3Cited by3 opinions
- Chambers v. StateAlabama Court of Appeals · 1919
- Harris v. BarrettSupreme Court of Alabama · 1921
- Chambers v. StateAlabama Court of Appeals · 1919