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Hicks v. State

Court of Appeals of Alabama
Jun 30, 1930
129 So. 480 (Ala. Crim. App. 1930)

Opinion

7 Div. 676.

June 30, 1930.

Appeal from De Kalb County Court; E. M. Baker, Judge.

W. P. Hicks was convicted of operating a motor vehicle while intoxicated; and he appeals.

Affirmed.

C. A. Wolfes, of Ft. Payne, for appellant.

The affidavit charges no offense. Acts 1927, p. 365, § 48; Edmonds v. State, 87 Ala. 12, 6 So. 54; Noah v. State, 15 Ala. App. 142, 72 So. 611; Anderson v. State, 130 Ala. 127, 30 So. 375. Proof of the drinking of intoxicating liquor is not alone sufficient to sustain a conviction under the statute. Vartanian's Law of Automobiles, 417.

Charlie C. McCall, Atty. Gen., for the State.

Brief did not reach the Reporter.


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, nor 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 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.

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.

Let the judgment be affirmed.

Affirmed.


Summaries of

Hicks v. State

Court of Appeals of Alabama
Jun 30, 1930
129 So. 480 (Ala. Crim. App. 1930)
Case details for

Hicks v. State

Case Details

Full title:HICKS v. STATE

Court:Court of Appeals of Alabama

Date published: Jun 30, 1930

Citations

129 So. 480 (Ala. Crim. App. 1930)
129 So. 480

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