Legal Opinion

Whitman v. State

Alabama Court of Appeals

Decided January 15, 1924No. 6 Div. 307PublishedCited by 2 opinions

1Opinion of the CourtFoster, J.

The appellant was indicted for a violation of the prohibition laws. The first count charged the' possession of a still; the second count charged the manufacture of prohibited liquors. Demurrer was sustained to the first count and overruled to the second count.

The second count substantially conforms to the statute defining the offense. Acts 1919, p. 16, § 15.

“Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning.” Section 7136, Code 1907.

It is not necessary to state the precise time at which…

2Cases cited8 opinions

  1. Moore v. StateAlabama Court of Appeals · 1915
  2. Driggers v. StateSupreme Court of Alabama · 1898
  3. Wilkinson v. StateSupreme Court of Alabama · 1894
  4. Fondren v. StateSupreme Court of Alabama · 1920
  5. McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922

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3Cited by2 opinions

  1. Ledbetter v. StateAlabama Court of Appeals · 1948
  2. Currier v. StateAlabama Court of Appeals · 1938

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