Gilbreath v. State

Appellant was tried by a jury upon a complaint charging him with a violation of the prohibition law. The complaint was defective, in that one of the alternative averments failed to charge any offense known to the law, and the law is that where the offense is charged by several alternative averments, each averment must state a complete and substantive offense. The defect in the complaint was waived, however, by defendant’s plea. No demurrer, or other objection, was interposed. Under the rule the defendant cannot now be given the benefit of the point. Sharp v. State, 22 Ala. App. 562, 318 So.…