Opinion
4 Div. 700.
June 30, 1931.
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
Ode Grimes was convicted of violating the prohibition law, and he appeals.
Affirmed.
The indictment charges that defendant "did sell, have in possession or possess illegally, give, barter, exchange, receive, deliver, carry or ship prohibited liquors, contrary to law."
The gist of the demurrer is that the indictment charges defendant in the alternative; that that part of the alternative averment that he did sell, have in possession, give, barter, exchange, receive, and deliver charges a misdemeanor, while that part that he did carry or ship prohibited liquors, if more than the prescribed amount, charges a felony; wherefore defendant is not advised whether he is called upon to defend a misdemeanor or a felony; that it fails to allege that the offense was committed before or after the taking effect of the Act of 1927 (p. 704), and fails to allege the amount defendant is charged with carrying or shipping.
J. C. Yarbrough, of Enterprise, for appellant.
Brief did not reach the Reporter.
Charlie C. McCall, Atty. Gen., and Merwin T. Koonce, Asst. Atty. Gen., for the State.
The indictment is in Code form, section 4556, form 101, Code 1923, and sufficiently charges a violation of the prohibition statute. Jinright v. State, 220 Ala. 268, 125 So. 606.
The indictment does not seek to charge a violation of the statute aimed at the transportation of liquors in quantities of five gallons or more. Acts 1927, p. 704. The demurrer to the indictment was properly overruled.
We find no error in the record, and the judgment is affirmed.
Affirmed.