Johnson v. State

These defendants were indicted, tried, and convicted for violating the prohibition law. The indictment contained four counts. Demurrers were sustained to count 2, and overruled to counts 3 and 4. No demurrer was interposed as to count 1 of the indictment. There is no bill of exceptions; the appeal being upon the record proper:

The demurrers to counts 3 and 4 of the indictment were properly overruled, under the authority of Black v. State,205 Ala. 277, 87 So. 527.

The sixth ground of demurrer is not well taken, and the plea in abatement, which raises the same question, is also without merit;…