Jackson v. State
| Court | Alabama Court of Appeals |
| Citation | Jackson v. State, 27 Ala.App. 468, 174 So. 540 (Ala. App. 1937) |
| Decision Date | 13 April 1937 |
| Docket Number | 7 Div. 221 |
| Parties | JACKSON v. STATE. |
Rehearing Denied May 11, 1937
Appeal from Circuit Court, Calhoun County; Lamar Field, Judge.
Roy Jackson was convicted of violating the prohibition law, and he appeals.
Affirmed.
David C. Byrd, of Gadsden, for appellant.
A.A Carmichael, Atty. Gen., and John J. Haynes, Asst. Atty. Gen for the State.
Appellant was tried under an indictment for the offense denounced by the law of our state as codified into section 4717(1) of Michie's Code of 1928. The indictment, following the language of said statute was, of course, not subject to the demurrers interposed.
The offense charged in the indictment being a felony, manifestly no prosecution for a misdemeanor, merely pending, in an inferior court could be a cause for the abatement of the proceedings. Hence, the demurrers to appellant's plea in abatement were properly sustained.
It was proper to allow the State's witnesses to testify--they knowing the locus in quo--as to the offense being committed within Calhoun county. Location of county boundary line to determine venue does not call for expert testimony, but may be proven by general reputation. Melton v. State, 21 Ala.App. 419, 109 So. 114; Granberry v. State, 184 Ala. 5, 63 So. 975; 2 Encyc. of Evidence 723.
None of appellant's written, requested, and refused charges 9, 10, 12, 13, and the unnumbered one we have designated on the record "A," asserts a correct proposition of law. Each was properly refused.
Written charge 11 requested by appellant--the general affirmative...
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Harris v. State
... ... 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 ... ...
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Nolen v. State
...of a county boundary line for the purpose of venue. The line may be proved, for such purpose, by general reputation. Jackson v. State, 27 Ala.App. 468, 174 So. 540. Part of Sheriff Garrett's testimony tended to show the location of the line in this case by such In our opinion the lower cour......
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Harris v. State
... ... The ... first ground of the demurrer was that the indictment failed ... to charge an offense against the laws of this State. This ... ground is untenable since the indictment substantially ... followed the language of the statute. Section 187, Title 29, ... supra; Jackson v. State, 27 Ala.App. 468, 174 So ... 540; Sections 230, 231, 232, Title 15, Code of Alabama 1940 ... Grounds ... 2, 3, 4 and 5 of the demurrer challenge the indictment ... because it does not show that appellant was not engaged in ... interstate commerce; that the liquors were not ... ...
