Opinion
6 Div. 718.
August 19, 1930.
Appeal from Circuit Court, Jefferson County; John P. McCoy, Judge.
Ernest Vest was prosecuted for operating a motor vehicle on the highway without having obtained a chauffeur's license. From a judgment of acquittal, the State appeals.
Appeal dismissed.
It appears that defendant was employed by Bryam Company as a chauffeur and paid a regular salary; that Bryam Company owned and operated a fleet of motor-trucks, used by it for hauling materials for itself and also rented for hire, at times, to selected customers for hauling, Bryam Company furnishing the chauffeur; and that defendant was engaged as a chauffeur on one of these trucks.
The trial court, "being of the opinion that Acts of the Legislature of 1923, p. 284, § 9, does not apply to said defendant," held the defendant not guilty.
Charlie C. McCall, Atty. Gen., and Wm. P. Cobb, Asst. Atty. Gen., for the State.
Every person who is employed to drive a motor vehicle in this state and who receives compensation therefor, except the agents of manufacturers of motor vehicles, proprietors of garages and dealers, salesmen, mechanics, or demonstrators of vehicles, when driving the vehicles in such capacity, must pay a chauffeur's license, provided said motor vehicle is one which is put to public use. Reports of Atty. Gen. 1926-1928, p. 155; 1920-1922, p. 33; Montgomery v. Orpheum Taxi Co., 203 Ala. 103, 82 So. 119.
Horace C. Wilkinson, of Birmingham, for appellee.
No appeal lies in this case. State v. Morris (Ala.) 39 So. 589.
Appellee was prosecuted for an alleged violation of sections 9 and 25 of the Act of the Legislature of Alabama approved September 13, 1923 (Acts of Ala. 1923, 'p. 284). He was tried by the court, sitting without a jury, and found "not guilty."
From the judgment discharging him, the state undertakes to bring this appeal — by what authority, we do not know.
Other than in habeas corpus cases, the only right of appeal, by the state, in criminal cases, is, so far as we know, or are advised, that given by section 3239 of the Code of 1923. Clearly, this case does not fall within the right there given, and the appeal is hereby dismissed.
Appeal dismissed.