McDavid v. State

The defendant was indicted and convicted of the fraudulent use of a credit card in violation of Section 13A-9-14 (b), Code of Alabama 1975. He was sentenced as an habitual offender to twenty-five years' imprisonment. Four issues are presented on appeal.

I

The defendant contends that the statute under which he was indicted and convicted is unconstitutionally vague and indefinite because "it defines an attempt to violate the article and the completed commission as one and the same fact", and is therefore in conflict with Section 13A-4-2 defining attempts.

In pertinent part, Section 13A-9-14 (b)…