Hochman v. State, 1 Div. 700

CourtSupreme Court of Alabama
Writing for the CourtSPANN; LIVINGSTON
Citation91 So.2d 502,265 Ala. 404
PartiesM. HOCHMAN v. STATE.
Decision Date21 December 1956
Docket Number1 Div. 700

Page 502

91 So.2d 502
265 Ala. 404
M. HOCHMAN
v.
STATE.
1 Div. 700.
Supreme Court of Alabama.
Dec. 21, 1956.

Page 503

Chas. Hoffman, Mobile, for petitioner.

John Patterson, Atty. Gen., opposed.

SPANN, Justice.

This is a petition by M. Hochman for writ of certiorari to the Court of Appeals to review and revise the decision of that court in the case of Hochman v. State, 91 So.2d 495.

We have no alternative but to strike the petition because not presented on transcript paper as required by Revised Supreme Court Rule 32, Code 1940, Title 7, Appendix. Duckett v. State, 257 Ala. 589, 60 So.2d 357; Stovall v. State, 257 Ala. 116, 57 So.2d 641; Bates v. General Steel Tank Co., 256 Ala. 466, 55 So.2d 218; Maddox v. City of Birmingham, 255 Ala. 440, 52 So.2d 166; Nix v. State, 251 Ala. 1, 36 So.2d 456; Barnett v. Patillo, 251 Ala. 1, 36 So.2d 451; Anderson v. State, 251 Ala. 32, 36 So.2d 244; Farley v. State, 251 Ala. 391, 37 So.2d 440; Johns v. Thomas H. Vaughn & Co., 251 Ala. 489, 38 So.2d 21; Haney v. State, 250 Ala. 664, 36 So.2d 117; Allen v. State, 249 Ala. 201, 30 So.2d 483; Peterson v. State, 248 Ala. 179, 27 So.2d 30; Ex parte Wood, 215 Ala. 280, 110 So. 409; Williams v. State, 258 Ala. 638, 64 So.2d 617.

Petition stricken.

LIVINGSTON, C. J., and SIMPSON and GOODWYN, JJ., concur.

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5 practice notes
  • Smith v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 25, 2000
    ...an indictment set up the proof necessary to a conviction."` Hochman [v. State], 265 Ala. [1] at 3[, 91 So.2d 500 (1956), cert. stricken, 265 Ala. 404, 91 So.2d 502 (Ala.1956)]. Boyd v. State, 3 Ala.App. 178, 181, 57 So. 1019 (1912)." Copeland v. State, 456 So.2d 1150, 1151 Smith was charged......
  • Vaughn v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 27, 2003
    ...So.2d 500, 501 (1956). "`[I]t is not required that an indictment set up the proof necessary to a conviction.'" Hochman, 265 Ala. at 3, 91 So.2d at 502, quoting McLain v. State, 15 Ala.App. 24, 72 So. 511, 512 (1916). "`The government need only allege the "essential facts necessary to appris......
  • Graham v. State, CR–14–1652.
    • United States
    • Alabama Court of Criminal Appeals
    • February 12, 2016
    ...500, 501 (Ala.1956). ‘ "[I]t is not required that an indictment set up the proof necessary to a conviction." ’ Hochman, 265 Ala. 1 at 3, 91 So.2d at 502, quoting McLain v. State, 15 Ala.App. 24, 72 So. 511, 512 (1916). ‘ "The government need only allege the ‘essential facts necessary to app......
  • Harris v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 30, 1990
    ...are rather a statement of legal conclusions, than of facts." Hochman v. State, 265 Ala. 1, 3, 91 So.2d 500, 501 (Ala.), cert. stricken, 265 Ala. 404, 91 So.2d 502 (Ala.1956). "We are unable to see how the offense could have been more specifically described without pleading evidentiary facts......
  • Request a trial to view additional results
5 cases
  • Smith v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 25, 2000
    ...an indictment set up the proof necessary to a conviction."` Hochman [v. State], 265 Ala. [1] at 3[, 91 So.2d 500 (1956), cert. stricken, 265 Ala. 404, 91 So.2d 502 (Ala.1956)]. Boyd v. State, 3 Ala.App. 178, 181, 57 So. 1019 (1912)." Copeland v. State, 456 So.2d 1150, 1151 Smith was charged......
  • Vaughn v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 27, 2003
    ...So.2d 500, 501 (1956). "`[I]t is not required that an indictment set up the proof necessary to a conviction.'" Hochman, 265 Ala. at 3, 91 So.2d at 502, quoting McLain v. State, 15 Ala.App. 24, 72 So. 511, 512 (1916). "`The government need only allege the "essential facts necessary to appris......
  • Graham v. State, CR–14–1652.
    • United States
    • Alabama Court of Criminal Appeals
    • February 12, 2016
    ...500, 501 (Ala.1956). ‘ "[I]t is not required that an indictment set up the proof necessary to a conviction." ’ Hochman, 265 Ala. 1 at 3, 91 So.2d at 502, quoting McLain v. State, 15 Ala.App. 24, 72 So. 511, 512 (1916). ‘ "The government need only allege the ‘essential facts necessary to app......
  • Harris v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 30, 1990
    ...are rather a statement of legal conclusions, than of facts." Hochman v. State, 265 Ala. 1, 3, 91 So.2d 500, 501 (Ala.), cert. stricken, 265 Ala. 404, 91 So.2d 502 (Ala.1956). "We are unable to see how the offense could have been more specifically described without pleading evidentiary facts......
  • Request a trial to view additional results

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