Howard v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. Jack Howard was indicted and convicted of resisting an officer in attempting to arrest him under a warrant or writ of arrest issued by a justice of the peace. The opinion states the case. cited, Brotan v. State, 109 Ala. 87; Notes v. State, 24 Ala. 672; Withers v. State, 23 So. Rep., 147; Crumpton v. Newman, 12 Ala. 199; Duckworth v. Johnson, 7 Ala. 578. cited, Am. & Eng.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. Jack Howard was indicted and convicted of resisting an officer in attempting to arrest him under a warrant or writ of arrest issued by a justice of the peace. The opinion states the case. cited, Brotan v. State, 109 Ala. 87; Notes v. State, 24 Ala. 672; Withers v. State, 23 So. Rep., 147; Crumpton v. Newman, 12 Ala. 199; Duckworth v. Johnson, 7 Ala. 578. cited, Am. & Eng. Ency. of Law, Breach of Peace, pp. 513-5.19; 2 McClain’s Crim. Laiv, Sec. 1012; Spears v. State, 25 So. Rep., 43.
1Opinion of the CourtTyson, J.
— The indictment contained three counts. Two of them were framed under section 5463 of the Code and the other under section 5466. Each count was de*22murred to. The assignments of tbe demurrer raised the question that the warrant or writ of arrest was not sufficiently described. The contention was insisted upon that the indictment should have averred the offense mentioned in the warrant or writ of arrest, its date of issuance and the name of the person for whom issued. '
No such particularity is prescribed by the form for the indictment under section 5463, in fact it is there expressly declared…
2Cases cited1 opinion
- Noles v. StateSupreme Court of Alabama · 1854
3Cited by13 opinions
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Helms v. StateSupreme Court of Alabama · 1950
- Ex Parte SankeySupreme Court of Alabama · 1978
- Phillips v. MorrowSupreme Court of Alabama · 1924
- McGuire v. StateAlabama Court of Appeals · 1923
8 more not listed; retrieve them via the Exa API.