Spears v. State

Alabama Court of Appeals

Spears v. State

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

Alabama Court of Appeals·Decided February 12, 1929·No. 7 Div. 527.·Published

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>

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

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