Opinion
4 Div. 649.
November 18, 1930. Rehearing Denied January 13, 1931.
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
George Bouyer was convicted of violating the prohibition law, and he appeals.
Affirmed.
Certiorari denied by Supreme Court in Bouyer v. State, 222 Ala. 508, 133 So. 60.
Sollie Sollie, of Ozark, for appellant.
The indictment does not show in its caption the matter prescribed by the statute; it is fatally defective. Code 1923, § 4526; Goodloe v. State, 60 Ala. 93; Williams v. State, 171 Ala. 56, 54 So. 535; Carmichael v. Matthews, 134 Ala. 210, 32 So. 681. An indictment framed in the language of section 4621 of the Code would charge both a felony and a misdemeanor in the same count. Code 1923, §§ 4621, 4717; Acts 1924, p. 704.
Charlie C. McCall, Atty. Gen., and Merwin T. Koonce, Asst. Atty. Gen., for the State.
An indictment drawn in the form prescribed by the Code is not demurrable. Code 1923, §§ 4621, 4556 (101); Jinright v. State, 220 Ala. 268, 125 So. 606.
The indictment is in Code form, and is sufficient to charge the offense denounced by section 4621 of the Code of 1923. Code 1923, § 4556, form 101; Jinright v. State, 220 Ala. 268, 125 So. 606.
The caption of an indictment is not the marginal statement usually at the beginning of indictments. The omission of the marginal statement does not invalidate the indictment. Maloy v. State, ante, p. 123, 130 So. 902.
The defendant, when arrested, had on his person three pints of prohibited liquor. At the place where he was arrested and where he had several rabbit traps set, hidden under straw and leaves, were found nine other pints of the same kind, character, and color of liquor as that on defendant's person. The place and traps were admittedly in defendant's possession. The inferences to be drawn from the evidence justified a finding of guilt both as to the liquor on his person and at the traps.
There is no error in the record, and the judgment is affirmed.
Affirmed.