Childs v. State

Alabama Court of Appeals

Childs v. State

78 So. 308, 16 Ala. App. 392, 1918 Ala. App. LEXIS 70

Alabama Court of Appeals·Decided March 12, 1918·No. 4 Div. 529.·Published·Cited by 3 cases

Opinion

SAMPORD, J.

The rules and regulations authorized to be enacted by. the state live stock sanitary board, when adopted, are in the nature of ordinances, and as such must *393 be pleaded and proved before the courts will permit them to become the basis for a criminal prosecution. We tried to give the correct rule in Powell v. State, 75 South. 269, 1 and while that part of the opinion was dictum in that ease, we adhere to it here. The demurrer should have been sustained.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

1

Ante, p. 63.

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SAMPORD, J.

The rules and regulations authorized to be enacted by. the state live stock sanitary board, when adopted, are in the nature of ordinances, and as such must *393 be pleaded and proved before the courts will permit them to become the basis for a criminal prosecution. We tried to give the correct rule in Powell v. State, 75 South. 269, 1 and while that part of the opinion was dictum in that ease, we adhere to it here. The demurrer should have been sustained.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

1

Ante, p. 63.

Childs v. State, 78 So. 308, 16 Ala. App. 392, 1918 Ala. App. LEXIS 70 (Ala. Ct. App. 1918).

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Opinion

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