Henback v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. The opinion states the facts. The indictment was fatally defective, and the demurrer to it should have been sustained. It was too uncertain to authorize a judgment of conviction. It confounded things not forbidden, with those made penal by law. An indictment must conform to the description of the ingredients which the statute describes as constituting the offense.
Read the full summary
Appeal from Mobile City Court. Tried before Hon. O. J. Semmes. The opinion states the facts. The indictment was fatally defective, and the demurrer to it should have been sustained. It was too uncertain to authorize a judgment of conviction. It confounded things not forbidden, with those made penal by law. An indictment must conform to the description of the ingredients which the statute describes as constituting the offense. Hirshfelder v. The State, 18 Ala. 115; Eubanks v. The State, 17 Ala. 183. This is not like cases arising under statutes which do not specify any particular time," from…
1Opinion of the CourtManning, J.
The charge against defendant is, that “ before the finding of this indictment, and after the first Monday in April in the year 1875, Frederick Henbaek was engaged in, or carried on, the business of a butcher, in a stall numbered 37, in the southern market in the city of Mobile, without a license, and contrary to law; against the peace and dignity of the State of Alabama.” A second count charges, in like terms, that he “ did engage in the business of a butcher,” &c.; and a third count, in like terms, charges that he “ did carry on the business of a butcher,” &c.
This indictment was found under…
2Cases cited1 opinion
- Molett v. StateSupreme Court of Alabama · 1859
3Cited by5 opinions
- McDowell v. StateSupreme Court of Alabama · 1878
- Olmstead v. CrookSupreme Court of Alabama · 1889
- State Ex Rel. Jones v. StearnsSupreme Court of Alabama · 1917
- State v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1950
- Urbach v. City of OmahaNebraska Supreme Court · 1917