Legal Opinion

Presnal v. State

Alabama Court of Appeals

Decided June 30, 1930No. 5 Div. 792PublishedCited by 11 opinions

1Opinion of the CourtBricken, P. J.

Demurrers to the indictment were properly overruled, it being clearly evident that the facts stated therein were sufficient to enable a person of common understanding to know what offense was intended to be charged, and also sufficient to enable the court on conviction to pronounce proper judgment. When an indictment is thus formulated it is usually sufficient. Code 1928, § 4529.

Another statutory rule provided by section 4528, Code 1923, is, an indictment must not he held insufficient, nor can the trial, judgment, or other proceedings thereon be effected by reason of any defect or…

2Cases cited3 opinions

  1. Horn v. StateSupreme Court of Alabama · 1893
  2. Gore v. StateSupreme Court of Alabama · 1877
  3. Bube v. StateSupreme Court of Alabama · 1884

3Cited by11 opinions

  1. Evans v. StateSupreme Court of Alabama · 1978
  2. State v. KingWest Virginia Supreme Court · 1954
  3. Carroll v. StateCourt of Criminal Appeals of Alabama · 1985
  4. Crump v. StateAlabama Court of Appeals · 1939
  5. Bosworth v. StateAlabama Court of Appeals · 1939

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