Slaughter v. State
This text of 128 So. 129 (Slaughter v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court of Appeals decided this case upon the authority of Jinright v. State (Ala. Sup.) in 125 So. 606, 1 and counsel for petitioner insists that the citation of this case is inapt as the indictment here is different from the one considered in said case which was under Code form while this one is not under said form. This point may be conceded, but the present indictment is not void. If it be conceded that it is subject to an appropriate demurrer, none was interposed, and the question as to its validity was only raised by the general charge.
An indictment which charges an offense, though defective upon demurrer, is sufficient to support a judgment, and its validity cannot be questioned by a charge. The indictment here charges an offense, and, though one of the alternatives may be insufficient, it will support a conviction. Ex parte State ex rel. Attorney General (State v. Coker), 207 Ala. 656, 93 So. 383.
Writ denied.
220 Ala. 268.
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128 So. 129, 221 Ala. 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-state-ala-1930.