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16 Ala. App. 425

78 So 419

Collier v. State

Alabama Court of Appeals

Decided March 12, 1918

Alabama Court of Appeals · decided 1918-03-12

<p>1. Indictment and Information <©=>110(55) —Following Statutory Form — Vagrancy.</p> <p>An indictment for vagrancy in the form prescribed by Code 1907, § 7161, form 112, is sufficient.-</p> <p>2. Criminal Law <&wkey;678(l) — Election Between Offenses.</p> <p>The indictment charging but one offense, the state cannot he required to elect, unless evidence of more than one offense is offered.</p> <p>3. Vagrancy <&wkey;3 — Evidence — Admissible under Charge of Vagrancy.</p> <p>Vagrancy being a state or condition continuing in its nature, the state may show one or all the facts constituting vagrancy, as defined by the statute.</p> <p>4. Criminal Law <&wkey;1168(l) — Appeal — Harmless Error — Limiting Inquiry.</p> <p>Defendant, prosecuted for vagrancy, cannot complain of the court’s action, of its own motion, not injuring him, limiting the scope of the inquiry.</p>

Relies on Newsum v. State · Kimbell v. State · 15 Ala. App. 118 - Brooms v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-03-12

How this case has been cited

Cited by 20 later decisions — most recently November 1970

2 federal appellate · 16 state decisions

801918192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BROWN, P. J.

¶1 [1] The indictment consists of one count which follows the form prescribed by the statute, and as repeatedly held, is sufficient to sustain a judgment of conviction, and is not subject to demurrer. Code 1907, § 7161, p. 679, form 112; Newsum v. State, 10 Ala. App. 124, 65 South. 87; Kimbell v. State, 165 Ala. 118, 51 South. 16.

¶2 [2-4] The indictment charging but one offense, the state could not he required to elect, unless evidence of more than one offense was offered. Joyner v. State, ante, p. 240, 77 South. 78 (expressly overruling Brooms v. State, 15 Ala. App. 118, 72 South. 691); Mason v. State, ante, p. 405, 78 South. 321. Vagrancy being a state or condition continuing in its nature, it was permissible for tbe prosecution to show one or all the facts constituting vagrancy as defined by tbe statute. Brannon v. State, ante, p. 259, 76 South. 991. And the defendant was not injured, and cannot complain that the court of its own motion limited the scope of the inquiry. Brannon v. State, 12 Ala. App. 189, 67 South. 634.

¶3 We find no error in the record.

¶4 Affirmed.

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