Bozeman v. State, 7 Div. 593
| Decision Date | 30 June 1959 |
| Docket Number | 7 Div. 593 |
| Citation | 114 So.2d 912,40 Ala.App. 391 |
| Parties | John W. BOZWMAN v. STATE. |
| Court | Alabama Court of Appeals |
Kenneth R. Cain, Gadsden, for appellant.
MacDonald Gallion, Atty. Gen., for the State.
A complaint was issued against this appellant charging him with transporting prohibited alcoholic beverages in quantities of five gallons or more.
After his arrest on this complaint the appellant was released on bail.
Thereafter he was indicted, and upon the call of his case for trial the appellant entered a plea of guilty, was adjudged guilty and sentenced.
From the judgment appellant perfected an appeal to this court, the appeal coming to this court upon a record proper only.
On June 30, 1959 we affirmed said judgment without an opinion.
Appellant has now field an application for rehearing, and in his brief in support of said application counsel for appellant urges three points as constituting error in the trial below.
Two of these points assert that the warrant of arrest issued pursuant to the complaint, and the writ of arrest issued pursuant to the indictment, were invalid and void.
Irregularities in obtaining jurisdiction of an accused charged with a criminal offense may be waived. Sherrod v. State, 14 Ala.App. 57, 71 So. 76; Kyser v. State, 22 Ala.App. 431, 117 So. 157. By his appearance and plea of guilty this appellant must be deemed to have waived any irregularities in the writs under which he was arrested.
The third point urged by counsel is that the indictment upon which the judgment is based is void in that it charges that the appellant 'did transport in a quantity of vive gallons or more,' etc.
The indictment as copied in this record does contain the word 'vive' in front of gallons.
Counsel argues that the use of the word 'vive' is more than a clerical error, and rendered the indictment meaningless.
In this connection the record shows that the original complaint was in regular form, and charged appellant with transportation of prohibited liquors in quantities of five gallons or more.
The judgment entered recites, among other things:
'In open Court on this the 11th., day of March, 1959, came the Circuit Solicitor, who prosecutes for the State of Alabama, and also came the Defendant, John W. Bozeman in his own proper person, attended by counsel and the Defendant upon being duly arraigned was advised by the Court as to the nature and substance of the charge...
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Cook v. State, 6 Div. 489
...137, 59 So. 715 (1912); "papaper" for "paper", Askew v. State, 18 Ala.App. 345, 91 So. 911 (1922); "vive" for "five", Bozeman v. State, 40 Ala.App. 391, 114 So.2d 912, cert. denied, 269 Ala. 610, 114 So.2d 914 (1959). The only Alabama case we found holding the indictment fatally defective b......
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Manning v. State
...may be waived. Henderson v. State, 36 Ala.App. 143, 53 So.2d 624; Gladden v. State, 36 Ala.App. 197, 54 So.2d 607; Bozeman v. State, 40 Ala.App. 391, 114 So.2d 912. They were waived by appellant's actions in this instance. Moreover, there was no showing that any irregularities in his arrest......
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