McLean v. State

Alabama Court of Appeals

McLean v. State

76 So. 480, 16 Ala. App. 196, 1917 Ala. App. LEXIS 258

CourtAlabama Court of Appeals

DecidedJune 30, 1917

Docket4 Div. 509.

StatusPublished

Cited by2 cases

This text of 76 So. 480 (McLean v. State) 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

McLean v. State, 76 So. 480, 16 Ala. App. 196, 1917 Ala. App. LEXIS 258 (Ala. Ct. App. 1917).

Pincite

Opinion

SAMFORD, J.

[1] Before any burden can be placed upon the defendant in this case, it must be shown by the evidence, beyond a reasonable doubt, that he has been guilty of wandering or strolling about in idleness, or living in idleness, and is able to work, or that he was leading an idle, immoral, or profligate, life, and is able to work, or that he, being able to, work, loafed, loitered, or idled in the places named in subdivision 3 of section 7843 of the Code.

[2] We have examined the evidence in this case, and are of the opinion that the state has not discharged itself of the burden placed upon it under section 7845 of the Code. Brown v. State, 4 Ala. App. 122, 58 South. 794. It follows, therefore, that the general charge should have been given, as requested by the defendant. The failure to do this is reversible error.

For this error, the judgment of the trial court is reversed, and the cause is remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI