Abrahams v. State
Decision Date | 30 June 1921 |
Docket Number | 2 Div. 236 |
Citation | 18 Ala.App. 252,89 So. 853 |
Parties | ABRAHAMS v. STATE. |
Court | Alabama Court of Appeals |
Rehearing Denied July 19, 1921
Appeal from Circuit Court, Sumter County; R.I. Jones, Judge.
John Abrahams was convicted of manufacturing prohibited liquors and he appeals. The judgment is affirmed, and the cause remanded for proper sentence.
Thomas Seale, of Livingston, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The appellant was convicted under an indictment which charges that he distilled, made, or manufactured alcoholic spirituous, malted or mixed liquors or beverages since the 25th day of January, 1919. No demurrer of any character appears to have been interposed to the indictment; the judgment reciting that upon arraignment the defendant entered a plea of not guilty.
Insistence is here made for the first time that the indictment does not charge any offense, for that it is not charged that any part of the liquors or beverages contained alcohol. This contention has been decided adversely to the appellant in the case of Taylor v. State, 17 Ala.App. 579, 88 So. 205, where the sufficiency of the indictment was questioned by demurrer. In addition to what was said in the Taylor Case, supra, it may be stated of the instant case that the allegation "alcoholic" in the indictment certainly is a sufficient statement that a part at least, of the liquors charged to have been manufactured contained alcohol.
An indictment which contains alternative averments, one of which is legally insufficient, is demurrable on that account; but after a general verdict of guilty the defect is not available, even on motion in arrest of judgment. Hornsby v. State, 94 Ala. 55, 10 So. 522.
Contention is further made that the indictment is defective in that it does not contain the allegation that the offense was contrary to law. Cases cited in support of such contention were construing section 4037 of the Code of 1886, which prescribes that the form of indictment for violating the prohibition laws should contain such a statement, but such is not the case now; section 7134 of the Code of 1907 making it unnecessary that the indictment should contain such a statement. Neither was it necessary that the indictment should allege that the act complained of was feloniously done. Sections 7132, 7134 and 7136, Code 1907.
The judgment entry recites the verdict of the jury to be that the defendant...
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Johnson v. State
...on that account; but after a general verdict of guilty the defect is not available, even on motion in arrest of judgment. Abrahams v. State, 18 Ala.App. 252, 89 So. 853; Hornsby v. State, 94 Ala. 55, 10 So. The overruling of the motion in arrest of judgment by the trial court was not error.......
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Green v. State, 6 Div. 894.
...to the following decisions of this Court on the question involved. Salter v. State, 17 Ala. App. 517, 85 So. 847; Abrahams v. State, 18 Ala. App. 252, 89 So. 853; Farley v. State, 20 Ala. App. 105, 101 So. Conner v. State, 20 Ala. App. 613, 104 So. 554; Lockett v. State, 22 Ala. App. 642, 1......
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Farley v. State
... ... The indeterminate sentence law does not apply in cases where ... a sentence to hard labor for the county is provided and such ... sentence is imposed. Brown v. State, 18 Ala. App ... 154, 89 So. 845; Salter v. State, 17 Ala. App. 517, ... 85 So. 847; Abrahams v. State, 18 Ala. App. 252, 89 ... An ... order is here entered affirming the judgment of conviction, ... but from what has been said, the sentence imposed will be ... reversed, set aside, and annulled, and the cause remanded for ... proper sentence in conformity to law ... ...
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Dunn v. State
... ... An ... indictment which sets out several counts and at the end of ... the last count concludes with the words "Against the ... peace and dignity of the State of Alabama" meets the ... requirements of Section 4526 of the Code of 1923. Norman ... v. State, 13 Ala.App. 337, 69 So. 362; Abrahams v ... State, 18 Ala. App. 252, 89 So. 853; Jennings v ... State, 17 Ala.App. 640, 88 So. 187 ... It is ... urged in brief by appellant's counsel that the third ... count of the indictment having been eliminated by the giving ... of the affirmative charge as to that count, renders ... ...