Harris v. State
| Decision Date | 07 November 1946 |
| Docket Number | 7 Div. 892. |
| Citation | 248 Ala. 389,27 So.2d 797 |
| Parties | HARRIS v. STATE. |
| Court | Alabama Supreme Court |
Merrill, Merrill & Vardaman, of Anniston, for petitioner.
Wm. N. McQueen, Atty. Gen., and Jas. G. Hardin, Asst. Atty. Gen., opposed.
The petitioner was indicted, tried and convicted of the offense denounced by Section 187, Title 29, Code of 1940, which makes it 'unlawful for any person, firm or corporation, or association within this state to transport in quantities of five gallons or more any of the liquors or beverages, the sale, possession, or transportation of which is prohibited by law in Alabama. * * *.'
The indictment follows the language of the statute with the exception that it does not allege that the transportation of said liquors was 'contrary to law', as was done in the indictments in the cases of Dotson v. State, 24 Ala.App. 216, 135 So. 159, and Jackson v. State, 27 Ala.App. 468, 174 So. 540. However, the demurrer does not specifically point out this defect and the court will not be put in error for overruling the demurrer. Turk v. State, 140 Ala. 110, 37 So. 234; Flanigan v. State, 247 Ala. 642, 25 So.2d 685.
The general rule is that an indictment which follows the language of the statute, denouncing a crime or misdemeanor, specifying the elements thereof and containing no exception in the clause defining the offense, need not negative matters which may be set up as a defense under other statutes or under provisos in the same statute. 1 Mayfield's Digest, p. 447; paragraphs 33 and 34; Wright v. State, 3 Ala.App. 140, 57 So. 1023; Miller v. State, 16 Ala.App. 534, 79 So. 314; Bryan v. State, 18 Ala.App. 199, 89 So. 894; Pendley v. State, 22 Ala.App. 462, 116 So. 809.
The indictment is not void but is sufficient to support the judgment of conviction. The writ of certiorari is, therefore, due to be denied.
Writ denied.
To continue reading
Request your trial
-
Warren v. State
...exception defining the crime is set forth in the enacting clause. Thus, the result in Sizemore is not applicable here. Cf. Harris v. State, 248 Ala. 389, 27 So.2d 797; Dorgan v. State, 29 Ala.App. 362, 196 So. We have carefully searched the record for error and have found none. This case is......
-
Manson v. State, 1 Div. 667
...the demurrer is too vague in not specifying whether it is referable to the one or to the other of the two corporations. Harris v. State, 248 Ala. 389, 27 So.2d 797 (1946); Flanigan v. State, 247 Ala. 642, 25 So.2d 685 (1946); Van Nostrand v. State, 51 Ala.App. 494, 286 So.2d 903, cert. deni......
-
Esdale v. State
...This alleged defect was not specifically pointed out by the demurrer. Flanigan v. State, 247 Ala. 642, 25 So.2d 685; Harris v. State, 248 Ala. 389, 27 So.2d 797. Defendant's further contention that by the use of the word 'bailee' the indictment was rendered fatally defective and will not su......
-
Frye v. State
...indictment. In cases involving felonies which were not common law offenses, we think the law is properly stated in Harris v. State, 248 Ala. 389, 27 So.2d 797 (1946). In that case, an indictment for illegal transportation of prohibited liquors followed the language of the statute with the e......