Lashley v. State

THOMAS, Justice.

In the case of Doss v. State, 220 Ala. 30, 123 So. 231, 233, 68 A.L.R. 712, the observation is made that:

“The first count of the indictment under which the verdict of guilty was returned by the jury is in the form prescribed by section 4556 of the Code, form 68, and, under the repeated ruling of this court, it is sufficient although it ‘omits to aver’ in terms some of the material facts necessary to be proved to secure a conviction. Schwartz v. State, 37 Ala. 460; Smith v. State, 63 Ala. 55; Whitehead v. State, 16 Ala.App. 427, 78 So. 467; Leonard v. State, 96 Ala. 108, 11 So.…