Sparrenberger v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The count of the indictment upon which the trial was had charged that the appellant, Sparrenberger, “being a merchant or shop-keeper, and not a druggist, did keep open shop on Sunday,” against the peace, &c. A demurrer to the count, on the ground that it did not charge the offense of keeping “ open store,” was overruled. The defendant then filed five pleas in abatement.
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The count of the indictment upon which the trial was had charged that the appellant, Sparrenberger, “being a merchant or shop-keeper, and not a druggist, did keep open shop on Sunday,” against the peace, &c. A demurrer to the count, on the ground that it did not charge the offense of keeping “ open store,” was overruled. The defendant then filed five pleas in abatement. The first plea averred, in substance, that the indictment, which was found at the present term, was found without any witnesses being examined before the…
1Opinion of the CourtBrickell, C. J.
It is a well established rule of criminal pleading, that if an offense is purely statutory, the in.dictment must pursue the words of the statute, so as to bring the defendant precisely within it. There is much conflict of authority as to the precision which must be observed in following the language of the statute. Some authorities require that the exact words of the statute must be employed. Others regard the rule as satisfied if words substantially the same, or equivalent — of the same legal import with the *483words of the statute — are used. This is the rule which has prevailed in this court…
2Cases cited12 opinions
- People v. HulbutNew York Supreme Court · 1847
- State v. BullockSupreme Court of Alabama · 1848
- Turnipseed v. StateSupreme Court of Alabama · 1844
- State v. ClarksonSupreme Court of Alabama · 1842
- Favers v. GlassSupreme Court of Alabama · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Greenberg v. Superior CourtCalifornia Supreme Court · 1942
- Fikes v. StateSupreme Court of Alabama · 1955
- People v. LauderMichigan Supreme Court · 1890
- Hall v. StateSupreme Court of Alabama · 1901
- Evans v. StateCourt of Criminal Appeals of Alabama · 1976
67 more not listed; retrieve them via the Exa API.