Brown v. City of Albany

Alabama Court of Appeals

Brown v. City of Albany

109 So. 923, 21 Ala. App. 662

CourtAlabama Court of Appeals

DecidedOctober 26, 1926

Docket8 Div. 364.

StatusPublished

This text of 109 So. 923 (Brown v. City of Albany) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. City of Albany, 109 So. 923, 21 Ala. App. 662 (Ala. Ct. App. 1926).

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Opinion

RICE, J.

Appellant was convicted of the offense of violating an ordinance of the city of Albany which prohibited the driving of an auto-bile while intoxicated. The court has read the entire record en banc. We find no evidence that shows or tends to show that appellant drove or attempted to drive the automobile in which he was found sitting, under the influence of liquor, for any distance whatsoever in said city. It results that the general affirmative charge duly requested by him should have been given, and that for its refusal the judgment of conviction will be reversed and the cause remanded. Reversed and remanded.

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RICE, J.

Appellant was convicted of the offense of violating an ordinance of the city of Albany which prohibited the driving of an auto-bile while intoxicated. The court has read the entire record en banc. We find no evidence that shows or tends to show that appellant drove or attempted to drive the automobile in which he was found sitting, under the influence of liquor, for any distance whatsoever in said city. It results that the general affirmative charge duly requested by him should have been given, and that for its refusal the judgment of conviction will be reversed and the cause remanded. Reversed and remanded.

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Bluebook (online)

109 So. 923, 21 Ala. App. 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-city-of-albany-alactapp-1926.