Moss v. State

• Decision Date: 19 May 1904
• Citation: Moss v. State, 140 Ala. 199, 37 So. 156 (Ala. 1904)
• Parties: MOSS v. STATE.
• Court: Alabama Supreme Court

37 So. 156

140 Ala. 199

MOSS v. STATE.

Supreme Court of Alabama

May 19, 1904

Appeal from Circuit Court, Henry County; John P. Hubbard, Judge.

John P Moss was convicted of failing to work a public road, and he appeals. Dismissed.

The prosecution in this case was against John P. Moss for failure to work a public road after being notified. The judgment entry in the case was in words and figures as follows "Thereupon came a jury of good and lawful men, to wit T. O. Mobley, foreman, and eleven others, who, being legally impaneled and sworn according to law, say upon their oaths 'We, the jury, find the defendant guilty, and assess a fine of one dollar.' And in open court came the defendant, together with A. Q. Armstrong, and confessed judgment for fine and costs, and consent that execution may issue. It is thereupon considered and adjudged by the court that the state of Alabama, for use of Henry county, recover of the defendant and A. Q. Armstrong the said sum of one dollar, the fine so assessed, and all the costs, for which let execution issue." Under the opinion on the present appeal, it is unnecessary to set out the facts of the case in detail.

W. L. Lee, for appellant.

Massey Wilson, Atty. Gen., for the State.

SHARPE J.

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