General
F. J. LEACH v. STATE
21 Ala. App. 681106 So. 920·Alabama Court of Appeals·1925·AL
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Opinion
(106 So. 920)
F. J. LEACH v. STATE.
(4 Div. 98.)
(Court of Appeals of Alabama.
Nov. 24, 1925.)
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge.
McDowell & McDowell, of Eufaula, for appellant. Harwell G. Davis, Atty. Gen., for the State.
[MAJORITY — RICE, J.]
RICE, J.
The charge against appellant was that “he did own and operate a motor truck upon a highway in the state, without having first paid for and taken out a license therefor, in the manner provided by Mw, contrary to law.” The court has read the evidence en banc, and we are of the opinion that the allegations of the complaint were not proved, and that the general affirmative charge in his favor should have been given at appellant’s request. For the error in its refusal, the judgment is reversed, and the cause remanded. Reversed and remanded.