Legal Opinion

Brown v. State

Alabama Court of Appeals

Decided April 9, 1912PublishedCited by 10 opinions

Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Will Brown was convicted of vagrancy, and he appeals. The demurrers to the indictment should have been sustained. — McGee v. The State, 115 Ala. 135, and cases there cited.

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Appeal from Hale Law and Equity Court. Heard before Hon. Charles E. Waller. Will Brown was convicted of vagrancy, and he appeals. The demurrers to the indictment should have been sustained. — McGee v. The State, 115 Ala. 135, and cases there cited. The court should- have discharged the prisoner for insufficiency of the evidence. — Taylor v. The State, 147 Ala. 132. The indictment followed the Code form, and was, therefore, sufficient. — Taylor v The State, 100 Ala. 142; Jones v. The State, 136 Ala. 118; Coleman v. The State, 150 Ala. 64. The evidence was sufficient to warrant a conviction.…

1Opinion of the CourtWalker, P. J.

Assuming the sufficiency of the indictment in this case because it is in the form prescribed by the Code for an indictment for vagrancy (Code, § 7161, Form 112; Coleman v. State, 150 Ala. 64, 43 South. 715), the evidence offered in support of it will he examined.

The indictment ivas found in April, 1911, and the trial took place in May, 1911. The evidence offered by the prosecution was confined to the defendant’s conduct or mode of-life in the town of Akron during the months of November and December, 1910. The evidence without conflict showed that he lived there with his family in a house…

2Cases cited1 opinion

  1. Coleman v. StateSupreme Court of Alabama · 1907

3Cited by10 opinions

  1. Brannon v. StateAlabama Court of Appeals · 1917
  2. Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
  3. Brooks v. StateAlabama Court of Appeals · 1948
  4. Hall v. City of BirminghamAlabama Court of Appeals · 1952
  5. McConnell v. StateAlabama Court of Appeals · 1966

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