CATES, Judge.
This is an appeal by the State from a judgment sustaining a demurrer on the ground that Code 1940, Title 41, Section 221 violates the Fourteenth Amendment to the Constitution of the United States.
The appellee was indicted August 4, 1955 in three counts: 1st, that while being a commissioner of the Town of Muscle Shoals, Alabama, he did employ or use money to wit: $1,750 which belonged to said Town, and which was under his official control and...
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