# Collier v. State

> Alabama Court of Appeals · March 12, 1918 · 16 Ala. App. 425

URL: https://www.frixlaw.com/law-library/cases/3248323

## Case

- **Full name:** Collier v. State.
- **Court:** Alabama Court of Appeals
- **Decided:** March 12, 1918
- **Citations:** 16 Ala. App. 425; 78 So. 419; 1918 Ala. App. LEXIS 106
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3248323

## Opinion text

BROWN, P. J.
[1]
The indictment consists of one count which follows the form prescribed by the statute, and as repeatedly held, is sufficient to sustain a judgment of conviction, and is not subject to demurrer. Code 1907, § 7161, p. 679, form 112; Newsum v. State, 10 Ala. App. 124 , 65 South. 87 ; Kimbell v. State, 165 Ala. 118 , 51 South. 16 .
[2-4]
The indictment charging but one offense, the state could not he required to elect, unless evidence of more than one offense was offered. Joyner v. State, ante, p. 240, 77 South. 78 (expressly overruling Brooms v. State, 15 Ala. App. 118 , 72 South. 691 ); Mason v. State, ante, p. 405, 78 South. 321 . Vagrancy being a state or condition continuing in its nature, it was permissible for tbe prosecution to show one or all the facts constituting vagrancy as defined by tbe statute. Brannon v. State, ante, p. 259, 76 South. 991 . And the defendant was not injured, and cannot complain that the court of its own motion limited the scope of the inquiry. Brannon v. State, 12 Ala. App. 189 , 67 South. 634 .
We find no error in the record.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3248323. Public record. Not legal advice.