Sadler v. State

Alabama Court of Appeals

Sadler v. State

123 So. 294, 23 Ala. App. 269, 1929 Ala. App. LEXIS 212

CourtAlabama Court of Appeals

DecidedJune 29, 1929

Docket8 Div. 815.

StatusPublished

This text of 123 So. 294 (Sadler 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

Sadler v. State, 123 So. 294, 23 Ala. App. 269, 1929 Ala. App. LEXIS 212 (Ala. Ct. App. 1929).

Pincite

Opinion

BRICKEN, P. J.

This appeal is from a judgment of conviction for violating the prohibition law. The prosecution was commenced by affidavit to which the defendant interposed demurrer upon the ground that certain alternative averments therein failed to charge a substantive offense. The defect pointed out by demurrer was cured by an amendment to the affidavit eliminating the defective alternative averments. This, as applied to affidavits or complaints, is permissible under the law. Section 4646, Code 1923. No other question is presented.

Affirmed.

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BRICKEN, P. J.

This appeal is from a judgment of conviction for violating the prohibition law. The prosecution was commenced by affidavit to which the defendant interposed demurrer upon the ground that certain alternative averments therein failed to charge a substantive offense. The defect pointed out by demurrer was cured by an amendment to the affidavit eliminating the defective alternative averments. This, as applied to affidavits or complaints, is permissible under the law. Section 4646, Code 1923. No other question is presented.

Affirmed.

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Bluebook (online)

123 So. 294, 23 Ala. App. 269, 1929 Ala. App. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadler-v-state-alactapp-1929.