Collier v. State

Alabama Court of Appeals

Collier v. State

78 So. 419, 16 Ala. App. 425, 1918 Ala. App. LEXIS 106

CourtAlabama Court of Appeals

DecidedMarch 12, 1918

Docket6 Div. 299. [fn*]

StatusPublished

Cited by8 cases

This text of 78 So. 419 (Collier v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collier v. State, 78 So. 419, 16 Ala. App. 425, 1918 Ala. App. LEXIS 106 (Ala. Ct. App. 1918).

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Opinion

BROWN, P. J.

[1] The indictment consists of one count which follows the form prescribed by the statute, and as repeatedly held, is sufficient to sustain a judgment of conviction, and is not subject to demurrer. Code 1907, § 7161, p. 679, form 112; Newsum v. State, 10 Ala. App. 124, 65 South. 87; Kimbell v. State, 165 Ala. 118, 51 South. 16.

[2-4] The indictment charging but one offense, the state could not he required to elect, unless evidence of more than one offense was offered. Joyner v. State, ante, p. 240, 77 South. 78 (expressly overruling Brooms v. State, 15 Ala. App. 118, 72 South. 691); Mason v. State, ante, p. 405, 78 South. 321. Vagrancy being a state or condition continuing in its nature, it was permissible for tbe prosecution to show one or all the facts constituting vagrancy as defined by tbe statute. Brannon v. State, ante, p. 259, 76 South. 991. And the defendant was not injured, and cannot complain that the court of its own motion limited the scope of the inquiry. Brannon v. State, 12 Ala. App. 189, 67 South. 634.

We find no error in the record.

Affirmed.

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BROWN, P. J.

[1] The indictment consists of one count which follows the form prescribed by the statute, and as repeatedly held, is sufficient to sustain a judgment of conviction, and is not subject to demurrer. Code 1907, § 7161, p. 679, form 112; Newsum v. State, 10 Ala. App. 124, 65 South. 87; Kimbell v. State, 165 Ala. 118, 51 South. 16.

[2-4] The indictment charging but one offense, the state could not he required to elect, unless evidence of more than one offense was offered. Joyner v. State, ante, p. 240, 77 South. 78 (expressly overruling Brooms v. State, 15 Ala. App. 118, 72 South. 691); Mason v. State, ante, p. 405, 78 South. 321. Vagrancy being a state or condition continuing in its nature, it was permissible for tbe prosecution to show one or all the facts constituting vagrancy as defined by tbe statute. Brannon v. State, ante, p. 259, 76 South. 991. And the defendant was not injured, and cannot complain that the court of its own motion limited the scope of the inquiry. Brannon v. State, 12 Ala. App. 189, 67 South. 634.

We find no error in the record.

Affirmed.

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78 So. 419, 16 Ala. App. 425, 1918 Ala. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collier-v-state-alactapp-1918.

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