Public-domain · open source
OpenJurist

16 Ala. App. 195

76 So 479

State v. Strawbridge

Alabama Court of Appeals

Decided June 12, 1917

Alabama Court of Appeals · decided 1917-06-12

Proceeding by the State against Will Strawbridge for failure to procure a license. Demurrer to complaint was sustained, and the State appeals.

Relies on State v. McCarty · Whaley v. State · 15 Ala. App. 654 - Floyd v. State

Reversed and remanded · Decided 1917-06-12

BRICKEN, J.

¶1 [1] This appeal is on the record. There are hut two propositions involved: The first question presented is, Can the Legislature delegate to the court of county commissioners of Lamar county the authority to make and promulgate rules and regulations, the violation of which constitutes crime. This question has been decided in the affirmative in the following cases: Whaley v. State, 168 Ala. 152, 52 South. 941, 30 L. R. A. (N. S.) 499; State v. McCarty, 5 Ala. App. 212, 59 South. 543; Floyd v. State, 15 Ala. App. 654, 74 South. 752.

¶2 [2] The next insistence is that the license tax upon vehicles is a double taxation, and is therefore unconstitutional and void. This question was decided adversely to the ruling of the lower court in the instant case in Hudgens v. State, 72 South. 605. 1 The court therefore erred in sustaining the demurrers to the complaint, and for the errors pointed out, the judgment of the lower court is reversed, and the cause remanded.

¶3 Reversed and remanded.

/16/alaapp/195 · .json · Public domain