Heard v. State

The majority treats the flaw in this indictment as the mere miscitation of a code section, a voidable defect waived by the failure to assert it in a timely manner. See Mann v. State,473 So.2d 1225 (Ala.Cr.App. 1985). Even if the code section were correctly cited, however, the indictment fails to state any offense under Alabama law and is therefore void. See Pool v.State, 570 So.2d 1260, 1262 (Ala.Cr.App.), affirmed,570 So.2d 1263 (Ala. 1990); Wyley v. State, 565 So.2d 1200, 1201 (Ala.Cr.App. 1990); Watley v. State, 568 So.2d 852, 854-56 (Ala.Cr.App. 1989), cert. quashed, 568 So.2d 857 (Ala.…