Knox v. State

I concur in all that Judge Blanton has written.

However, I should modify the last sentence of Part II of his opinion by a consideration of the rules of interpretation of criminal statutes discussed by Simpson, J., in Dorgan v. State, 29 Ala.App. 362, 196 So. 160.

From a reading of Fuller v. State, 39 Ala.App. 219, 96 So.2d 829, it is obvious that Code 1940, T. 22, §§ 232-255 was so drafted as to put the burden of coming forth with prescriptions on the defendant. This, however, is not true of all statutory crimes. How the offense is constituted is critical to whether or not the State or…