Foxx v. State

Alabama Court of Appeals

Foxx v. State

154 So. 912, 26 Ala. App. 146, 1934 Ala. App. LEXIS 69

CourtAlabama Court of Appeals

DecidedMay 15, 1934

Docket6 Div. 596.

StatusPublished

Cited by5 cases

This text of 154 So. 912 (Foxx 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

Foxx v. State, 154 So. 912, 26 Ala. App. 146, 1934 Ala. App. LEXIS 69 (Ala. Ct. App. 1934).

Pincite

Opinion

RICE, Judge.

The jury’s verdict found appellant guilty under the first count of the indictment, which action operated as an acquittal of him under the second. There were but two counts in the indictment.

The first was in Code form for an offense under Code 1923, § 4131. Demurrers to it were properly overruled. Code 1923, § 4556, form 58.

If the inclusion of the second count, with the first, constituted a misjoinder of offenses rendering the indictment subject to the demurrers interposed on that ground, the action of the jury above noted caused any error in overruling said demurrers to be without injury to appellant.

The appeal is on the record proper, without bill of exceptions, and we can find no prejudicial error to have been committed.

The judgment of conviction is affirmed.

Affirmed.

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