Boulo v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The indictment in this case was in these words: “ The grand jury of said county charge that, before the finding of this indictment, Philip J. Boulo, having a family, did abandon his family, and left and leaves them in danger of becoming a burden to the public; against the peace,” &c.
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From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The indictment in this case was in these words: “ The grand jury of said county charge that, before the finding of this indictment, Philip J. Boulo, having a family, did abandon his family, and left and leaves them in danger of becoming a burden to the public; against the peace,” &c. The defendant moved to quash the indictment, as the bill of exceptions states, “ on the ground that section 8638 of the Revised Code, upon which said indictment is founded, is unconstitutional; which motion was overruled by the court, and the…
1Opinion of the CourtBeck, C. J.
— There was no error in overruling the motion to quash the indictment. The court was not bound to entertain said motion, but might put the defendant to his demurrer. We think, however, that the indictment is insufficient. It should have found the ability of the defendant to contribute to the support of his family, by his means, or, being an able-bodied person, by his industry.
The first and second charges asked by the defendant should have been given. Clearly, a man may refuse to live with his wife, and yet not be a vagrant within the meaning of the statute. Rev. Code, § 3630. So he may refuse…
2Cited by10 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1976
- Flippo v. StateCourt of Criminal Appeals of Alabama · 1972
- Jeter v. StateCourt of Criminal Appeals of Alabama · 1976
- Daniel v. StateSupreme Court of Alabama · 1907
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