Good law ✅— No negative treatment on recordhow we know
Decided 1938-03-22
How this case has been cited
Cited by 5 later decisions — most recently March 1973
5 state decisions
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.
¶1
As said by Judge Samford for this court in the opinion in the case of Masters v. State, 18 Ala.App. 614, 94 So. 249, certiorari denied Ex parte Masters, 208 Ala. 699, 94 So. 922: “The general rule is that when a statute creates a new offense, unknown to the common law, and describes its constituents, the offense may be charged in the statutory language.”
¶2
The indictment here follows, literally, so far as we can see, subsection (a) of section 1 of the act of the Legislature approved July 25, 1931, Gen. Acts Ala.1931, p. 806, in describing the gambling device the possession óf which is denounced by section 3 of the same act, page 807. The demurrers were properly overruled. Code 1928, § 4529.
¶3
There is no bill of exceptions. And we see no other question requiring discussion.
