Opinion
7 Div. 527.
February 12, 1929.
Appeal from Circuit Court, Clay County; E. S. Lyman, Judge.
Henry Spears was convicted of failing to work the public road after warning and without legal excuse, and he appeals. Reversed and rendered.
J. J. Cockrell, of Ashland, for appellant.
There is nothing upon which to base a judgment of conviction, and appellant should be discharged.
Charlie C. McCall, Atty. Gen., for the State.
Brief of counsel did not reach the Reporter.
The court has considered this cause sitting en banc, 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 case, 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.
Reversed and rendered.