TaiLexi AI U.S. Case Law

Myrick v. State

Myrick v. State.

Myrick v. State, 100 So. 455 (Ala. Ct. App. 1924)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 3, 1924
Docket
No. 8 Div. 131.
Judges
Foster
Citations
100 So. 45520 Ala. App. 181924 Ala. App. LEXIS 123

Opinion of the Court — Foster

FOSTER, J.

The first count in the indictment charged the manufacture of prohibited liquors, arid the second count charged the possession of a still. There was a general verdict of guilty as charged in the indictment.

There was ample evidence to support the verdict of the jury.

The defendant filed a motion for a new trial on the grounds:

“(1) That the verdict in said cause charges two separate and distinct offenses, one of which charged that the defendant manufactured spirituous, alcoholic or malt liquors contrary to law, and the other offense charged that the defendant had in his possession a still or apparatus for the purpose of manufacturing spirituous, alcoholic or malt liquors contrary to law, and the verdict in this cause found the defendant guilty as charged in the indictment, which verdict is vague, indefinite and uncertain and insufficient to support a conviction under the indictment.

“(2) That said verdict is defective, for the reason that it cannot be ascertained for what offense the defendant was convicted. .

“(3) That the verdict in this case is contrary to the great weight of the evidence.

“(4) That the indictment in this case charges no offense known to the law, and in its present form will not support a verdict of conviction.”

*19 The indictment followed the language of the statute, and was sufficient. Johnson v. State, 152 Ala. 46 , 44 South. 670 ; Kimbell v. State, 165 Ala. 118 , 51 South. 16 ; Jordan v. State, 5 Ala. App. 229 , 59 South. 710 ; 8 Michie’s Dig. p. 629, § 57.

Two or more offenses may be charged in separate counts of an indictment, if the offenses are of the same nature, belong to the same family of crime, have the same mode of trial and nature of punishment. Lowe v. State, 134 Ala. 154 , 32 South. 273 ; Thomas v. State, 111 Ala. 51 , 20 South. 617 .

The charges of distilling and possessing a still may .be joined in separate counts of an indictment. Casey v. State (Ala. App.) 97 South. 165 ;

1

Nichols v. State, 18 Ala. App. 184 , 89 South. 847 .

A general verdict of “guilty as charged in the indictment,” the indictment containing a count charging the manufacture of prohibited liquors and a count charging the possession of a still, will support a conviction under the indictment, and is no ground for arrest of judgment or of error, when the sentence pronounced does not impose a greater punishment than is prescribed for one offense. ' Sampson v. State, 107 Ala. 76 , 18 South. 207 ; Johnson v. State, 50 Ala. 456 .

The motion for a new trial was properly overruled.' There is no error in the record. The judgment of the circuit court is affirmed.

Affirmed.

1

19 Ala. App. 317 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1926: 11932: 11947: 11948: 21974: 11978: 11985: 119262026peak 1948 · 2

Relies on it most ⓘ

  1. Flournoy v. State37 So. 2d 218 (Ala. Ct. App. 1948)
  2. Lawson v. State33 So. 2d 405 (Ala. Ct. App. 1948)
  3. McClellan v. State484 So. 2d 1150 (Ala. Crim. App. 1985)
  4. Worrell v. State357 So. 2d 373 (Ala. Crim. App. 1978)
  5. Smelcher v. State33 So. 2d 380 (Ala. Ct. App. 1947)
  6. State v. Semeraro131 A. 798 (Vt. 1926)

Most recent

  1. McClellan v. State484 So. 2d 1150 (Ala. Crim. App. 1985)
  2. Worrell v. State357 So. 2d 373 (Ala. Crim. App. 1978)
  3. Harger v. State307 So. 2d 51 (Ala. Crim. App. 1974)
  4. Flournoy v. State37 So. 2d 218 (Ala. Ct. App. 1948)
  5. Lawson v. State33 So. 2d 405 (Ala. Ct. App. 1948)
  6. Smelcher v. State33 So. 2d 380 (Ala. Ct. App. 1947)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

DepthCaseCited by
Johnson v. State, 44 So. 670 (Ala. 1907) 14
Kimbell v. State, 51 So. 16 (Ala. 1909) 14
Jordan v. State, 59 So. 710 (Ala. Ct. App. 1912) 8
Nichols v. State, 89 So. 847 (Ala. Ct. App. 1921) 2
Thomas v. State, 111 Ala. 51 (1895) 22
Lowe v. State, 134 Ala. 154 (1901) 19
Sampson v. State, 107 Ala. 76 (1894) 18
Johnson v. State, 50 Ala. 456 (1874) 6

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list