Elam v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Edmund W. Pectus. The appellant was indicted at the September term, 1853, of the Circuit Court of Tuskaloosa, for retailing, and was convicted ; but having taken an appeal to the Supreme Court at its June term, 1854, the judgment of conviction was reversed, and the cause remanded. — See 25 Ala.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Edmund W. Pectus. The appellant was indicted at the September term, 1853, of the Circuit Court of Tuskaloosa, for retailing, and was convicted ; but having taken an appeal to the Supreme Court at its June term, 1854, the judgment of conviction was reversed, and the cause remanded. — See 25 Ala. R. 53. Another trial was had at the September term, 1854, on the pleas of not guilty and former acquittal; but before any evidence was introduced, as the bill of exceptions states, “the defendant moved the court that the solicitor for…
1Opinion of the CourtG-Oldthwaite, J.
— We see no error in the action of the court in overruling the motion made by the defendant below, to require the solicitor to state in advance for which of the different varieties of retailing he was to be proceeded against. The indictment, it is true, is general in its form, *51but its sufficiency was determined when this case was last here (25 Ala. 53) ; but the fact that it is general and broad enough, under the Code, to allow evidence of any violation against the law of retailing, is not a sufficient reason for requiring the prosecuting officer to state beforehand the particular offence he…
2Cases cited1 opinion
- Elam v. StateSupreme Court of Alabama · 1854
3Cited by30 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- State v. HilbergUtah Supreme Court · 1900
- Mayo v. StateSupreme Court of Alabama · 1857
- Deason v. StateSupreme Court of Alabama · 1978
- Jones v. StateSupreme Court of Alabama · 1902
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