Opinion
8 Div. 749.
February 21, 1939.
Appeal from Circuit Court, Colbert County; Chas. P. Almon, Judge.
Ralph Saliba was convicted of driving a motor vehicle while intoxicated, and he appeals.
Affirmed.
The indictment is as follows:
"The grand jury charge that before the finding of this indictment Ralph Saliba whose name is to the grand jury otherwise unknown, being under the influence of intoxicating liquor or narcotic drugs did drive a motor vehicle upon a highway within this State and county.
"The grand jury of said county further charge that before the finding of this indictment, Ralph Saliba, whose name is otherwise unknown to the grand jury did drive a vehicle upon a highway within the State and county carelessly and heedlessly in a reckless and wanton disregard of the rights and safety of others, or within (without) due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger person or property, against the peace and dignity of the State of Alabama."
F. E. Throckmorton, of Tuscumbia, for appellant.
Thos. S. Lawson, Atty. Gen., for the State.
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.