Boyington v. State

PRICE, Presiding Judge.

The defendant was convicted of a crime against nature as denounced by Section 106, Title 14, Code of Alabama, 1940.

The indictment reads:

“The Grand Jury of Said County charge that before finding this indictment Cecil Boyington, did commit a crime against nature with Jack Perkins, against the peace and dignity of the State of Alabama.”

The defendant demurred to the indictment on these grounds: (1) “This indictment does not charge a crime.”(2) “This indictment does not follow the statutory form.(3) “From said indictment the defendant does not know what he is called on to…