Alabama Court of Appeals, 1939

Saliba v. State

Alabama Court of Appeals · Decided February 21, 1939 · No. 8 Div. 749. · Samford

186 So. 787; 28 Ala. App. 460; 1939 Ala. App. LEXIS 110 (Southern Reporter)

Counsel

F. E. Throckmorton, of Tuscumbia, for appellant. Thos. S. Lawson, Atty. Gen., for the State.

Opinion of the Court

SAMFORD, Judge.

On the trial the defendant interposed a demurrer to the indictment, which demurrer was, by the Court, overruled. Thereupon, the cause proceeded to trial upon the plea of not guilty, upon which plea was returned a verdict of guilty, and the judgment of the Court was rendered on said verdict.

The demurrer is filed to the indictment as a whole, therefore, if any count of the indictment charges an offense, the demurrer is properly overruled.

We hold that each count of the ; indictment sufficiently charges the defendant with a violation of the law, and that . neither count was subject to the demurrer.

There is no error in the record, and the judgment is affirmed.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.