Johnson v. State
| Decision Date | 30 June 1923 |
| Docket Number | 8 Div. 117. |
| Citation | 97 So. 150,19 Ala.App. 308 |
| Parties | JOHNSON v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Lawrence County; Osceola Kyle, Judge.
Lee Johnson was convicted of violating the prohibition law, and he appeals. Affirmed.
W Emmett Perry, of Birmingham, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
The first count of the indictment charged the defendant with manufacturing prohibited liquors, and the second count with having in his possession a still to be used for the purpose of manufacturing, etc. A nolle prosequi was entered to the second count.
Objection was taken to the indictment by demurrer on the ground that it is uncertain as to the time, term, or date it was preferred by the grand jury, in that the word "spring" is written above "April," immediately preceding "term." The special caption or heading at the commencement of the indictment may be aided by the indorsement on the back showing that the indictment was found at the spring term 1921, and that Walter Stephenson was foreman. Code 1907, § 7131; Gater v. State, 141 Ala. 10, 37 So. 692.
The omission of one of the alternative averments charging, in an indictment, manufacturing prohibited liquors under section 15, Acts of Legislature 1919, p. 16, does not invalidate the indictment.
The signature of the solicitor to an indictment is proper, but not necessary to its authentication. Holley v State, 75 Ala. 14; 1 Mayfield, Digest, p. 1427, § 6, subds. 98 and 99.
The demurrer to the indictment was properly overruled.
The verdict of the jury was as follows: -and was sufficient upon which to predicate the judgment of guilt and the sentence of the court. The jury conveyed to the court in unequivocal terms that their verdict was guilty and H. A. Bragg signed the verdict as foreman. The misspelling of the word "foreman" does not vitiate the verdict of the jury.
The judgment entry reads as follows:
"Thereupon came a jury of good and lawful men, to wit, Hosea A. Bragg and 11 others, who had been duly impaneled and sworn according to law well and truly the issues to try and true verdicts render upon their oaths do say, we, the jury, find the defendant guilty."
Then follows the judgment and sentence of the court. This is sufficient in every respect.
The indorsement of the clerk shows that the indictment was filed in open court on the 28th day of April, 1921, in the presence of the grand jury. This was a compliance with the law. Section 7152, Code 1907. But this objection was not taken in the trial court and cannot be raised for the first time here....
To continue reading
Request your trial
-
Bell v. State
... ... pleading to the merits, "by a timely motion to quash, or ... to strike the paper from the files." Section 4547, Code; ... Jackson v. State, 74 Ala. 26; Russell v ... State, 33 Ala. 366; Davis v. State, 131 Ala ... 10, 31 So. 569; Johnson v. State, 19 Ala. App. 308, ... 97 So. 150. It is further held, in the discharge of its ... duties, this court will search the record; and in so doing ... the record shows the indictment on which the trial was had, ... the endorsement thereon that it was a true bill, that it was ... duly ... ...
-
Sawyer v. State, 1 Div. 199
...of the jury in this connection notwithstanding the misspelling of the word. Webb v. State, 138 Ala. 53, 34 So. 1011; Johnson v. State, 19 Ala.App. 308, 97 So. 150. an attentive consideration of this record in its entirety, we are convinced the defendants were accorded a fair and impartial t......
-
Lee v. State
...17 Ala.App. 456, 85 So. 840; Terry v. State, 17 Ala.App. 527, 86 So. 127; Patrick v. State, 18 Ala.App. 335, 92 So. 87; Johnson v. State, 19 Ala.App. 308, 97 So. 150; Horton v. State, 20 Ala.App. 55, 100 So. As was stated in the case of Horton v. State, 20 Ala.App. 55, 100 So. 620, "There w......
-
Williams v. State, 8 Div. 483
...its authentication or sufficiency. Ward v. State, 22 Ala. 16; Harrall v. State, 26 Ala. 52; Holley v. State, 75 Ala. 14; Johnson v. State, 19 Ala.App. 308, 97 So. 150. record in this case is regular and without error. No error appearing in any of the rulings of the court, the judgment of co......