
    Bynum v. The State.
    
      Failure to Work the Road.
    
    (Decided Feb. 8, 1912.
    57 South. 1024.)
    
      Highway; Failure to Worlc; Indictment. — An indictment charging that defendant was liable to do road duty, but that he wilfully failed or refused, after legal notice, to work the public road, either in person or by substitute without sufficient excuse, etc., was sufficient, and not rendered defective by a failure t.o charge the particular road that the defendant failed to work.
    Appeal from Madison Law and Equity Court.
    Heard before Hon. James H. Ballentine.
    Will Bynum was convicted of failure to work tbe road and he appeals.
    Affirmed.
    Douglass Taylor, for appellant.
    No brief came to tbe Reporter.
    R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for tbe State.
    Tbe indictment was sufficient. — Brown v. The State, 63 Ala. 97.
   WALKER, P. J.

Tbe indictment in this case charged that tbe defendant, “a person liable to road duty, willfully failed or refused, after legal notice, to work the public road, either in person or by substitute, without a sufficient excuse therefor, against tbe peace,” etc. Tbe allegation of tbe commission of tbe offense substantially followed tbe terms of tbe statute creating it. Tbe indictment sufficiently designated tbe offense, without- specifying what road tbe defendant failed to work.—Brown v. State, 63 Ala. 97. Tbe demurrer to it was properly overruled.

Tbe record presents no other question for review.

Affirmed.  