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23 Ala. App. 589

129 So 480

Hicks v. State

Alabama Court of Appeals

Decided June 30, 1930

Alabama Court of Appeals · decided 1930-06-30

Good law ✅— No negative treatment on recordhow we know

Decided 1930-06-30

How this case has been cited

Cited by 8 later decisions — most recently March 1985

8 state decisions

20193019401950196019701980decided

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.

View the full empirical analysis of this case →

SAMFORD, J.

¶1 The defendant was charged by affidavit with having operated a motor vehicle on the public highway “while in an intoxicated condition.” No demurrer was interposed, por was the charge otherwise tested on the trial. One of the definitions given by Webster’s Dictionary of intoxicated is: “Under the influence of intoxicating liquors or drugs.” The insistence is here made that the affidavit *590 charges no offense. With this contention we do not agree. The charge is defective, but not void, and, in the absence of a legal challenge, will support a conviction.

¶2 The testimony was in conflict, and under the decisions we cannot say that the conclusions as to the facts were so wrong and unjust as to require a reversal.

¶3 Let the judgment he affirmed.

¶4 Affirmed.

/23/alaapp/589 · .json · Public domain