Legal Opinion

Flandell v. State

Alabama Court of Appeals

Decided June 10, 1941No. 6 Div. 708PublishedCited by 1 opinion

1Opinion of the Court

SIMPSON, Judge.

Appellant was tried and convicted in the Circuit Court of Jefferson County for the offense of vagrancy. From a judgment sentencing him to pay the assessed fine of $500 and costs, and additional hard labor punishment of twelve months, he appeals to this court.

The State depended upon evidence that he was a professional gambler as basis for his conviction — denounced by Subsectioh 6, Section 5571, Code 1923, Code 1940, tit. 14, § 437(6).

The obvious omission in the complaint of the pronoun “he” before thp words “was a vagrant” did not render the complaint subject to the asserted…

2Cases cited4 opinions

  1. Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
  2. Brown v. StateSupreme Court of Alabama · 1895
  3. Beck v. StateSupreme Court of Alabama · 1885
  4. Hallmark v. StateAlabama Court of Appeals · 1940

3Cited by1 opinion

  1. Flandell v. StateSupreme Court of Alabama · 1941

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