McCullough v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case was found in October, 1878, and charged that the defendant, Linton McCullough, “ being a duly appointed and acting overseer of a public road, running from the residence of the late Bichará Olin to the line of Bike county, failed to discharge his duties as such overseer, against the peace,” &c.
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From the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case was found in October, 1878, and charged that the defendant, Linton McCullough, “ being a duly appointed and acting overseer of a public road, running from the residence of the late Bichará Olin to the line of Bike county, failed to discharge his duties as such overseer, against the peace,” &c. The defendant'demurred to the indictment, “ because it does not disclose the nature and cause of the accusation ;” and his demurrer being overruled, he then pleaded not guilty. “ On the trial,” as the…
1Opinion of the CourtBrickell, C. J.
1. The indictment is certainly insufficient at common law; and would be insufficient under the statute (Code of 1876, § 4785), which requires that the facts constituting the offense shall be stated in ordinary and concise language, if it were not authorized expressly in its present form by the subsequent section of the Code — § 4810. Noles v. The State, 24 Ala. 672. There is great force in the argument of the counsel of appellant, against the constitutionality of statutes which authorize such vague and indefinite criminal accusations, not affording the accused reasonable information of the…
2Cases cited4 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Elam v. StateSupreme Court of Alabama · 1855
- Hughes v. StateSupreme Court of Alabama · 1860
- Peacher v. StateSupreme Court of Alabama · 1878
3Cited by9 opinions
- Carl v. StateSupreme Court of Alabama · 1899
- Whitehead v. StateAlabama Court of Appeals · 1918
- Eastep v. StateAlabama Court of Appeals · 1933
- Barefield v. StateAlabama Court of Appeals · 1916
- Boice v. StateAlabama Court of Appeals · 1914
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