Oliver v. State
| Court | Alabama Court of Appeals |
| Citation | 79 So. 313,16 Ala.App. 533 |
| Docket Number | 8 Div. 591 |
| Parties | OLIVER v. STATE. |
| Decision Date | 11 June 1918 |
Appeal from Circuit Court, Franklin County; C.P. Almon, Judge.
George Oliver was indicted under Act Sept. 22, 1915, § 2, for failing to work the public roads, and from the judgment he appeals. Reversed and remanded.
Wm. L Chenault, of Russellville, for appellant.
F. Loyd Tate, Atty. Gen., David W.W. Fuller; Asst. Atty. Gen., and Henry D. Jones and Travis Williams, both of Russellville, for the State.
Section 2 of the act of the Legislature adopted September 22, 1915 (Acts 1915, p. 574), provides:
"That it shall be unlawful for any person, firm or corporation to violate any rule, regulation or law which may be adopted or promulgated by the court of county commissioners, board of revenue or like governing body, of any county under the authority conferred by this act relating to the use, control, care, operation or maintenance of any such public road, bridge or ferry and any person, firm or corporation violating the same shall be deemed guilty of a misdemeanor and upon conviction shall be fined," etc.
The defendant was indicted under this section, and upon the trial interposed several grounds of demurrer. It has several times been held that the Legislature could delegate to the board of revenue the power to establish, promulgate, and enforce rules and regulations with reference to the public roads of a county. Floyd v. State, 74 So. 752; Hicks v State, 75 So. 636.
Section 2 of the act above referred to creates the crime and fixes the penalty for a violation. In drawing indictments under a statute, it is sufficient if the language of the statute is substantially followed. Wright v. State, 3 Ala.App. 140, 57 So. 1023; Campbell v. State, 4 Ala.App. 104, 58 So. 125; Jordan v. State, 5 Ala.App. 229, 59 So. 710; Gleason v. State, 6 Ala.App. 49, 60 So. 518; Sellers v. State, 7 Ala.App. 78, 61 So. 485; McLain v. State, 72 So. 511; Porter v. State, 72 So. 776; Brannon v. State, 76 So. 991.
As was said in Curlee v. State, 75 So. 268:
. of county commissioners or like governing body of the county,...
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Gayden v. State, 3 Div. 722
...in form and substance. It not only substantially follows the language of the statute, which of itself is sufficient, Oliver v. State, 16 Ala.App. 533, 79 So. 313, and cases cited; but it also states the facts constituting the offense in ordinary and concise language, without prolixity or re......
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State v. Kirkpatrick, 6 Div. 103.
...State, 16 Ala. App. 88, 75 So. 636; State v. Strawbridge, 16 Ala. App. 195, 76 So. 479, Id., 201, Ala. 62, 77 So. 356; Oliver v. State, 16 Ala. App. 533, 79 So. 313; Mills v. Conecuh County, 204 Ala. 40, 85 So. 564; Conecuh County v. Simmons (Ala. App.) 95 So. 488. The act approved Septembe......
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State v. Schmidt, 18315.
...Fla. 575, 577, 79 So. 207; Childs v. State, 16 Ala. App. 392, 78 So. 308; State v. Kusick, 148 Minn. 1, 180 N.W. 1024; Oliver v. State, 16 Ala. App. 533, 79 So. 313; People v. Dalton, 46 A.D. 264, 61 N.Y.S. 263; State v. Allyn, 150 Minn. 123, 184 N.W. 787. To the contrary have been cited de......
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Posey v. State, 6 Div. 732
...Ala.App. 140, 57 So. 1023; Campbell v. State, 4 Ala.App. 104, 58 So. 125; Jordan v. State, 5 Ala.App. 229, 59 So. 710; Oliver v. State, 16 Ala.App. 533, 79 So. 313; Curlee v. State, 16 Ala.App. 62, 75 So. 268; Horn v. State (4 Div. 605) 84 So. 883. The prosecution is sustained by virtue of ......
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Gayden v. State, 3 Div. 722
...in form and substance. It not only substantially follows the language of the statute, which of itself is sufficient, Oliver v. State, 16 Ala.App. 533, 79 So. 313, and cases cited; but it also states the facts constituting the offense in ordinary and concise language, without prolixity or re......
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State v. Kirkpatrick, 6 Div. 103.
...State, 16 Ala. App. 88, 75 So. 636; State v. Strawbridge, 16 Ala. App. 195, 76 So. 479, Id., 201, Ala. 62, 77 So. 356; Oliver v. State, 16 Ala. App. 533, 79 So. 313; Mills v. Conecuh County, 204 Ala. 40, 85 So. 564; Conecuh County v. Simmons (Ala. App.) 95 So. 488. The act approved Septembe......
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State v. Schmidt, 18315.
...Fla. 575, 577, 79 So. 207; Childs v. State, 16 Ala. App. 392, 78 So. 308; State v. Kusick, 148 Minn. 1, 180 N.W. 1024; Oliver v. State, 16 Ala. App. 533, 79 So. 313; People v. Dalton, 46 A.D. 264, 61 N.Y.S. 263; State v. Allyn, 150 Minn. 123, 184 N.W. 787. To the contrary have been cited de......
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Posey v. State, 6 Div. 732
...Ala.App. 140, 57 So. 1023; Campbell v. State, 4 Ala.App. 104, 58 So. 125; Jordan v. State, 5 Ala.App. 229, 59 So. 710; Oliver v. State, 16 Ala.App. 533, 79 So. 313; Curlee v. State, 16 Ala.App. 62, 75 So. 268; Horn v. State (4 Div. 605) 84 So. 883. The prosecution is sustained by virtue of ......