Legal Opinion

Johnson v. State

Alabama Court of Appeals

Decided April 11, 1922No. 4 Div. 670. [fn*]Published

1Opinion of the CourtBricken, P. J.

These defendants were indicted, tried, and convicted for violating the prohibition law. The indictment contained four counts. Demurrers were sus*504tained 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 South. 527.

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

2Cases cited2 opinions

  1. Powell v. StateAlabama Court of Appeals · 1921
  2. Black v. StateSupreme Court of Alabama · 1921

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