Lewis v. State

Alabama Court of Appeals

Lewis v. State

186 So. 187, 28 Ala. App. 429, 1939 Ala. App. LEXIS 91

CourtAlabama Court of Appeals

DecidedJanuary 10, 1939

Docket6 Div. 310.

StatusPublished

This text of 186 So. 187 (Lewis 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

Lewis v. State, 186 So. 187, 28 Ala. App. 429, 1939 Ala. App. LEXIS 91 (Ala. Ct. App. 1939).

Pincite

Opinion

SAMFORD, Judge.

The complaint in this case, as filed by the Solicitor on appeal, contained two counts. The first count charged a violation of Section 4621 of the Code of 1923; and the second count charged a violation of Section 4629 of the Code of 1923. The conviction was had under the second count, thereby eliminating questions rising solely under the first complaint.

The second count follows the language of the Statute, and sufficiently charged the offense prohibited by the Statute.

The evidence on the question of the guilt vel non of the defendants was in conflict. That for the State tending to prove the violation of the Statute by each of the defendants against whom verdicts of guilty were returned. Therefore,' the general affirmative charge, as requested by the defendants, was properly refused.

As is required by the Statute, we have examined the record and it appearing that no ruling of the court injuriously affected the defendants’ rights, the judgment is affirmed.

Affirmed.

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