Williams v. State

Alabama Court of Appeals

Williams v. State

122 So. 460, 23 Ala. App. 53, 1929 Ala. App. LEXIS 50

CourtAlabama Court of Appeals

DecidedJanuary 15, 1929

Docket3 Div. 623.

StatusPublished

Cited by3 cases

This text of 122 So. 460 (Williams 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

Williams v. State, 122 So. 460, 23 Ala. App. 53, 1929 Ala. App. LEXIS 50 (Ala. Ct. App. 1929).

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Opinion

RICE, J.

Appellant was indicted, tried, and convicted for and of the offense of violating the terms of Act of the Legislature of Alabama approved Sept. 6, 1927 (Gen. Acts Ala. 1927, p. .704) — the act which makes it a felony to transport, within this state, five gallons or more of any prohibited liquor.

The appeal is on the record proper — there being no bill of exceptions — and the only question presented for our consideration is the action of the trial court in overruling appellant’s demurrers to the indictment. All we have to say is that the indictment follows the “words of the statute,” and this seems, under our decisions, to be all that is necessary.

Or, to put it in the language of Samford, J., in the opinion in the case of Oliver v. State, 16 Ala. App. 533, 79 So. 313: “In drawing indictments under a Statute, it is sufficient if the language of the Statute is substantially followed.” And the learned judge cites, in support of the statement just quoted, the following cases: Wright v. State, 3 Ala. App. 140, 57 So. 1023; Campbell v. State, 4 Ala. App. 104, 58 So. 125; Jordan v. State, 5 Ala. App. 229, 59 So. 710; Gleason v. State, 6 Ala. App. 49, 60 So. 518; Sellers v. State, 7 Ala. App. 78, 61 So. 485; McLain v. State, 15 Ala. App. 24, 72 So. 511; Porter v. State, 15 Ala. App. 218, 72 So. 776; Brannon v. State, 16 Ala. App. 259, 76 So. 991. As holding to the same effect, we cite the additional cases of: Dowdy v. State, 19 Ala. App. 503, 98 So. 365, and Thomas v. State, 156 Ala. 166, 47 So. 257.

The demurrers were properly overruled, and, no error being apparent, the judgment appealed from is affirmed..

Affirmed.

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RICE, J.

Appellant was indicted, tried, and convicted for and of the offense of violating the terms of Act of the Legislature of Alabama approved Sept. 6, 1927 (Gen. Acts Ala. 1927, p. .704) — the act which makes it a felony to transport, within this state, five gallons or more of any prohibited liquor.

The appeal is on the record proper — there being no bill of exceptions — and the only question presented for our consideration is the action of the trial court in overruling appellant’s demurrers to the indictment. All we have to say is that the indictment follows the “words of the statute,” and this seems, under our decisions, to be all that is necessary.

Or, to put it in the language of Samford, J., in the opinion in the case of Oliver v. State, 16 Ala. App. 533, 79 So. 313: “In drawing indictments under a Statute, it is sufficient if the language of the Statute is substantially followed.” And the learned judge cites, in support of the statement just quoted, the following cases: Wright v. State, 3 Ala. App. 140, 57 So. 1023; Campbell v. State, 4 Ala. App. 104, 58 So. 125; Jordan v. State, 5 Ala. App. 229, 59 So. 710; Gleason v. State, 6 Ala. App. 49, 60 So. 518; Sellers v. State, 7 Ala. App. 78, 61 So. 485; McLain v. State, 15 Ala. App. 24, 72 So. 511; Porter v. State, 15 Ala. App. 218, 72 So. 776; Brannon v. State, 16 Ala. App. 259, 76 So. 991. As holding to the same effect, we cite the additional cases of: Dowdy v. State, 19 Ala. App. 503, 98 So. 365, and Thomas v. State, 156 Ala. 166, 47 So. 257.

The demurrers were properly overruled, and, no error being apparent, the judgment appealed from is affirmed..

Affirmed.

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122 So. 460, 23 Ala. App. 53, 1929 Ala. App. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-alactapp-1929.

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