Spears v. State

Alabama Court of Appeals

Spears v. State

120 So. 309, 23 Ala. App. 39, 1929 Ala. App. LEXIS 40

CourtAlabama Court of Appeals

DecidedFebruary 12, 1929

Docket7 Div. 527.

StatusPublished

This text of 120 So. 309 (Spears 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

Spears v. State, 120 So. 309, 23 Ala. App. 39, 1929 Ala. App. LEXIS 40 (Ala. Ct. App. 1929).

Pincite

Opinion

SAMFORD, J.

The court has considered this cause sitting en bane, and is of the opinion that the warning given by the overseer was not sufficiently definite to put the defendant on notice as to the time and place at which he was required to work. This being the basis of the prosecution, no conviction can be sustained in this case.

The above point being decisive of the entire ease, it becomes unnecessary to pass upon other questions presented.

The question decided being fundamental, the judgment is reversed, and a judgment will here be rendered discharging the defendant.

Eeversed and rendered>

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SAMFORD, J.

The court has considered this cause sitting en bane, and is of the opinion that the warning given by the overseer was not sufficiently definite to put the defendant on notice as to the time and place at which he was required to work. This being the basis of the prosecution, no conviction can be sustained in this case.

The above point being decisive of the entire ease, it becomes unnecessary to pass upon other questions presented.

The question decided being fundamental, the judgment is reversed, and a judgment will here be rendered discharging the defendant.

Eeversed and rendered>

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Bluebook (online)

120 So. 309, 23 Ala. App. 39, 1929 Ala. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spears-v-state-alactapp-1929.