Hickey v. State
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellant was indicted for maintaining a public nuisance, &c. He demurred to the indictment, but the court overruled the demurrer; and a trial being then had, he was convicted. The indictment is set forth in the opinion.
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Appeal from Circuit Court of Barbour. Tried before Hon. H. D. Clayton. The appellant was indicted for maintaining a public nuisance, &c. He demurred to the indictment, but the court overruled the demurrer; and a trial being then had, he was convicted. The indictment is set forth in the opinion. The indictment is entirely too vague and indefinite to support a conviction. 18 Ala. 535; 37 Ala. 123; 29 Ala. 28. Being a merchant and trader, appellant had a right to keep open store at night, and to buy corn and cotton, “having good reason to believe it was stolen.” According to the indictment, he…
1Opinion of the CourtBrickell, C. J.
We have no statute"defining the offense of nuisance in any of its various forms, nor declaring the constituents, or prescribing the form of an indictment for it. The offense, therefore, remains as defined at common law; and an indictment for its commission may be framed as at common law, or, at the election of the pleader, according to the general statutory provisions, dispensing with many averments material in an indictment at common law. R. C. § 4120. Whether the one or other form of pleading is pursued, the facts constituting the offense must be stated in ordinary and concise language, so…
2Cases cited1 opinion
- Hackney v. StateIndiana Supreme Court · 1857
3Cited by3 opinions
- Price v. StateSupreme Court of Alabama · 1892
- Mossman v. City of Fort CollinsSupreme Court of Colorado · 1907
- Tisdale v. CommonwealthSupreme Court of Virginia · 1913