Opinion
8 Div. 781.
February 28, 1950.
Appeal from the Circuit Court for Jackson County, W.J. Haralson, J.
The indictment is as follows:
One. The Grand Jury of said County charge that before the finding of this indictment, Fred Breedwell, whose name to the Grand Jury is otherwise unknown than as stated, who was the driver of a motor vehicle upon a public highway in Jackson County, Alabama, which said motor vehicle was involved in an accident in said county resulting in injury to a person, to-wit: W.J. Stewart, did not immediately stop said motor vehicle at the scene of such accident.
Two. The Grand Jury of said County further charge that before the finding of this indictment, Fred Breedwell, whose name to the Grand Jury is otherwise unknown than as stated, who was the driver of a motor vehicle upon a public highway in Jackson County, Alabama, which said motor vehicle was involved in an accident in said county resulting in injury to a person, to-wit: W.J. Stewart, did not immediately stop said automobile at the scene of such accident or did not give his name and address, and the registration license number of his motor vehicle or the registration license number of the motor vehicle which he was driving.
Three. The Grand Jury of said County further charge that before the finding of this indictment, Fred Breedwell, whose name to the Grand Jury is otherwise unknown than as stated, who was the driver of a motor vehicle upon a public highway in Jackson County, Alabama, which said motor vehicle was involved in an accident in said county resulting in injury to a person, to-wit: W.J. Stewart, did not give his name and address, and the registration license number of his motor vehicle or the license registration number of the motor vehicle which he was driving, and did not render to said injured person in said accident reasonable assistance or did not immediately stop such motor vehicle at the scene of such accident, against the peace and dignity of the State of Alabama.
H.T. Foster, of Scottsboro, for appellant.
A.A. Carmichael, Atty. Gen., and MacDonald Gallion, Asst. Atty. Gen., for the State.
The indictment against this appellant contained three counts, each charging appellant with the offense commonly spoken of as leaving the scene of an accident, an offense denounced by Section 31, Title 36, Code of Alabama 1940, under the heading "Duty to stop in event of accident."
Demurrers were interposed to the indictment. In our opinion each count was sufficient to apprise the accused of the nature of the charge against him, and what was intended. The demurrer was therefore properly overruled. Griffin v. State, 30 Ala. App. 599, 10 So.2d 374.
The evidence presented by the State was ample in its tendencies to support the verdict of guilty rendered by the jury. In our opinion no ruling by the court in the trial below probably injuriously affected any substantial right of this appellant. In fact all such rulings were, in our opinion, palpably correct, and based on such well established legal principles as to discourage any discussion in this opinion.
It appears however that the judgment entered is faulty in that part sentencing defendant to hard labor for one hundred and twelve days for the payment of costs, in that the amount of the costs, and the time required to work out same at the rate of 75¢ per day is not set out in the judgment.
This cause is affirmed, but remanded to the lower court for proper sentence as to costs, to be imposed in accordance with the provisions of Section 342, Title 15, Code of Alabama 1940.
Affirmed but remanded for proper sentence.