Brown v. State
Brown v. State
Opinion of the Court
The defendant demurred to the indictment, assigning the grounds: “ (1) Charges no offense against this defendant.” “ (2) It fails to aver that the defendant carnally knew Felix Taylor.” There is no such word in the English language as “cornally.” This combination of letters, when the letter “o” is given the short sound as in “not,” is capable of being sounded or pronounced much like the word “carnally;” and, on the authority of the following cases, we hold that the misspelling of this word in the indictment does not render the indictment misleading or subject to demurrer. — Griffith v. State, supra; Flowers v. State, 2 Ala. App. 65, 56 South. 98; Sanders v. State, supra.
The defendant excepted to that part of the charge italicized, and insists that the court said no more than that “a reasonable *613 doubt is a reasonable doubt.” If we concede this contention, it would not be reversible error. — Malchow v. State, 5 Ala. App. 99, 59 South. 342. When that portion of the charge excepted to is construed in connection with what precedes it, the utterance excepted to is, in effect, the same as that, “A reasonable doubt is a doubt for which a reason can be given,” or “A doubt founded upon a reason,” and these definitions have been approved. — 1 Mayf. Dig. 764, § 1.
The proceedings of the trial court appear to be free from reversible error, and the judgment will be affirmed.
The clerk of this court is ordered to transmit to the clerk of the trial court the original indictment.
Affirmed.
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