75 So. 818 | Ala. Ct. App. | 1917
The proof showed without dispute that the defendant was the town marshal of the municipality of Girard, Ala.; and it is contended for this reason the affirmative charge should have been given, as requested by the defendant. As authority for this contention, counsel for defendant have directed our attention to State ex rel. Wilkinson v. Lane,
If we were at liberty to decide this case in line with the views expressed by Anderson, C.J., in the case of Draper v. State ex rel.,
It therefore follows that the court erred in refusing the general charge as requested by the defendant; and for this error the judgment of the lower court is reversed, and the cause remanded.
Reversed and remanded. *143