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131 Ala. 39

Bowen v. State

Supreme Court of Alabama

Decided November 15, 1901

Supreme Court of Alabama · decided 1901-11-15

<p> Prosecution for Running Flying Jennie without License. </p> <p>1. Running flying-jennie without_ license; sufficiency of complaint. — A complaint or affidavit which, charges that the de- ■ fendant “did run a flying-jennie in said county this day, without license, against the peace and dignity of the State of Alabama,” sufficiently describes the offense of operating a flying-jennie without a license, as is required by statute, (Code, § 4122, subd. 49).</p> <p>2. Same; sufficiency of evidence. — One who collects fares from those riding on a flying-jennie aids and abets in the operation of the same; and, if such flying-jennie is operated without a license, such person is liable for the penalty for the violation of the statute requiring licenses from the operator of eacn flying-jennie, (Code, '§ 4122, subd. 49); and this is true whether such person owns an interest in the flying-jennie or only receives compensation for the services performed.</p>

Cited by 2 later decisions — most recently June 1921

2 state decisions

Relies on Gilmore v. State · Keller v. State · Cagle v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-15

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DOWDELL, J.

¶1The record does not set ont the demurrer, and for aught that appeal's it may have been •entirely frivolous. Moreover, the offense as charged in the affidavit is sufficiently described to meet the requirements of the law in such cases, and we are unable to see that it was subject to demurrer.

¶2The defendant was tried and convicted for a violation of subdivision 49, section 4122, Code of 1896. The evidence without dispute shows that the defendant collected the fares from those riding on the flying-jennie. In this, he aided and abetted in the operation of the •same, and it is wholly immaterial whether he owned an interest in the flying-jennie, or received compensation for the services he performed. One who aids and abets in the commission of a misdemeanor is guilty as a principal under the law. — Gilmore v. State, 126 Ala. 21; Keller v. State, 123 Ala. 94; Cagle v. State, 87 Ala. 38.

¶3The court committed no error in refusing the written charges requested by the defendant.

¶4The judgment of the county court is affirmed.

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