Campbell v. State

Decided February 6, 1912

Alabama Court of Appeals · decided 1912-02-06

Heard before Hon. J. H. Ballentine. ' Bruce Campbell was convicted of boisterous and indecent conduct in a church, while in an intoxicated condition, and he appeals. No brief came to the Reporter. The demurrer to the indictment was properly overruled.- — - Roden v. The State, 136 Ala. 89; State v. Moriarty, 74 Ind. 103; State v. Brown, 38 Kan. 390.

Relies on Holly v. State · Murrell v. State · Starr v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-02-06

How this case has been cited

Cited by 7 later decisions — most recently March 1956

7 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.

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de GRAFFENRIED, J.

¶1The indictment in this case charges that the defendant, “while intoxicated or drunk, did appear in a public place, to-wit a church, where one or more persons were present, and manifested his drunken condition by boisterous and indecent conduct or loud and profane discourse, against the peace and dignity of the state,” etc.

¶2The defendant demurred to the indictment, because it did not allege at what specific church the defendant *105appeared in a state of drunkenness or intoxication. The indictment follows the language of the form prescribed by the Code, and was not subject to the defendant’s demurrer.—Murrell v. State, 44 Ala. 367; Holly v. State, 54 Ala. 238; Fesson v. State, 26 Ala. 76; Elam v. State, 25 Ala. 52; 1 Mayfield’s Dig., p. 431, § 185.

¶3The court did not err in overruling the demurrer to the indictment. The judgment of the court below is affirmed.

¶4Affirmed.