Rogers v. State

The appellant was indicted, convicted and sentenced to serve a term in the penitentiary for having had intoxicating liquor in his possession after having been previously twice convicted for the same offense.

The appellant’s complaint is that the indictment (the charging part of which the reporter will set out in full), 1 does not sufficiently set forth, an offense under paragraph (c) of Section 2613, Code of 1942, for which he was tried and convicted. Specifically the indictment fails to allege (1) that the crime charged is that provided by Section 2613, Code of 1942; (2) that the appellant’s…