Ex Parte Horton

We agree with the Court of Criminal Appeals, 456 So.2d 1117, that the judgment of the trial court is due to be affirmed. We reach this result on different grounds, however, because we disagree with the Court of Criminal Appeals' conclusion that the indictment was not subject to the demurrer interposed by the defendant.

The indictment was subject to demurrer because it did not specify anything about the forged check which Horton was charged with possessing: the indictment did not set out the amount, the payee, the drawer of the check, nor the time or place when Horton possessed it. The…