Denham v. State
Decision Date | 19 April 1921 |
Docket Number | 8 Div. 739 |
Citation | 90 So. 129,18 Ala.App. 145 |
Parties | DENHAM v. STATE. |
Court | Alabama Court of Appeals |
Rehearing Denied May 10, 1921
Appeal from Circuit Court, Marshall County; W.W. Harralson, Judge.
William A. Denham was convicted of violating the prohibition law, and he appeals. Affirmed.
See also, 17 Ala.App. 402, 86 So. 163.
The affidavit and complaint sufficiently appear from the opinion. The following charges were refused the defendant:
Street & Bradford, of Guntersville, for appellant.
Harwell G. Davis, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
This prosecution originated in the county court upon an affidavit and warrant, the affidavit being made by one R.L. Amos, and (omitting the formal parts thereof) charged that the defendant "did violate the prohibition laws of the state of Alabama," etc.
From a judgment of conviction in the county court defendant appealed to the circuit court, and was there tried upon a complaint filed by the solicitor under the provisions of section 6730 of the Code 1907. This complaint was as follows:
The affidavit in question followed this statute literally and alleged the offense to be that defendant "did violate the prohibition laws of the state of Alabama." It needs no argument to affirm that this offense was not only designated by "naming it"; and under the present day and time the "phrase" used or "common parlance" employed in designating the offense is a matter of universal common knowledge. In the case of Thomas v. State, 13 Ala.App. 421, 69 So. 413, this court said:
"The terms violating the prohibition law have by common usage, both on the part of the laity and of the reviewing courts of the state by the employment of the expression in...
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Slater v. State
... ... A ... further catalogue of specific offenses is deemed unnecessary ... The ... ruling of the Court of Appeals holding the affidavit ... sufficient in the instant case is in harmony with the ... decisions of that court for some years. See Denham v ... State, 18 Ala.App. 145, 90 So. 129, which, in turn, ... followed and quoted the following from Thomas v ... State, 13 Ala.App. 421, 69 So. 413: ... " ... 'The terms violating the prohibition law have by common ... usage, both on the part of the laity and of the reviewing ... ...
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Ellis v. State
... ... 726 ... " ... Defendant's motion to require the state to elect under ... which count it would prosecute was properly overruled. There ... was no effort to convict the defendant of more than one ... offense. This was evident both from the indictment and from ... the evidence. Denham v. State, 18 Ala.App. 145, 90 ... So. 129; Davis v. State, 20 Ala.App. 463, 103 So ... " ... Defendant made numerous general objections to admission of ... testimony. It is well settled that where the testimony does ... not appear inadmissible on its face, the general objection ... ...
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Denham v. State
...W. W. Haralson, Judge. Wm. A. Denham was convicted of violating the prohibition law, and he appeals. Reversed and remanded. See, also, 90 So. 129. p>Page Street & Bradford, of Guntersville, appellant. Harwell G. Davis, Atty. Gen., for the State. MERRITT, J. The defendant, on appeal from the......