Ex parte State ex rel. Attorney General
| Decision Date | 22 January 1925 |
| Docket Number | 6 Div. 332 |
| Citation | 212 Ala. 415,102 So. 791 |
| Parties | Ex parte STATE ex rel. ATTY. GEN. v. STATE. McDANIEL |
| Court | Alabama Supreme Court |
Certiorari to Court of Appeals.
Harwell G. Davis, Atty. Gen., for petitioner.
J.B. Ivey, of Birmingham, and Huey & Welch, of Bessemer, opposed.
Joe McDaniel was convicted of an offense, and appealed to the Court of Appeals, and the judgment of conviction being there reversed, the state, on the relation of its Attorney General, brings this petition for certiorari to the Court of Appeals to review and revise the judgment and decision of that court, in the case of McDaniel v. State, 102 So. 788.
Writ denied.
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Tomlin v. State
...(1851). Surplusage does not vitiate an indictment otherwise good. McDaniel v. State, 20 Ala.App. 407, 102 So. 788, cert. denied, 212 Ala. 415, 102 So. 791 (1924). As long as the remaining portions of an indictment validly charge a crime, the existence of surplusage will not affect the valid......
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Johnson v. State
...they may hold the prosecution to the proof of them. McDaniel v. State, 20 Ala.App. 407, 410, 102 So. 788 (1924), cert. denied, 212 Ala. 415, 102 So. 791 (1925); Fitzgerald v. State, 53 Ala.App. 663, 303 So.2d 162 As long as the remaining portions of the indictment validly charge a crime, th......
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Waller v. State
...This court in its opinion on rehearing in the case of McDaniel v. State, 20 Ala.App. 407, 102 So. 788, 791 (certiorari denied 212 Ala. 415, 102 So. 791), said: "It prejudicial error for the trial court to overrule defendant's objection to that portion of the solicitor's argument commenting ......
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Rogers v. State, 2 Div. 661
...they may hold the prosecution to the proof of them. McDaniel v. State, 20 Ala.App. 407, 410, 102 So. 788 (1924), cert. denied, 212 Ala. 415, 102 So. 791 (1925); Fitzgerald v. State, 53 Ala.App. 663, 303 So.2d 162 "As long as the remaining portions of the indictment validly charge a crime, t......