Opinion
5 Div. 501.
December 16, 1924. Rehearing Denied January 13, 1925.
Appeal from Circuit Court, Chilton County; George F. Smoot, Judge. T.S. Peavy was convicted of possessing prohibited liquors, and he appeals. Affirmed. The prosecution in this case was begun in the county court of Chilton county, upon the following complaints: "Before me, J.L. Wilson, a justice of the peace of said county, personally appeared T. Littlejohn, who, being duly sworn, deposes and says that he has probable cause for believing, and does believe, that within 12 months before making this affidavit, and in said county, that T.S. Peavey did possess or have in his possession or otherwise dispose of spirituous, vinous, or malt liquor, against the peace and dignity of the state of Alabama." From a judgment of conviction there entered, defendant appealed to the circuit court, where defendant, being put to trial upon this complaint, demurred thereto upon these grounds: (1) That the complaint is vague and uncertain; (2) that it fails sufficiently to describe the offense charged or attempted to be charged against defendant; and (3) that it fails to charge with sufficient particularity the offense which defendant is called upon to defend. The trial court overruled the demurrer. Issue being joined, the jury returned a verdict of guilty, and there was judgment and sentence accordingly, from which defendant appeals.
Thomas A. Curry, of Clanton, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
Briefs of respective counsel did not reach the Reporter.
The defendant was convicted of a violation of the prohibition laws. The complaint followed substantially the statute creating the offense, and was sufficient against the demurrer interposed. We find no error in the record. The judgment appealed from is affirmed. Affirmed.