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ABLE v. STATE

6 Div. 511.

62 So.2d 239 (1952)

ABLE v. STATE.

Court of Appeals of Alabama.

December 16, 1952.

Attorney(s) appearing for the Case

Matt H. Murphy, Jr., Birmingham, for appellant.

Si Garrett, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., and Thos. M. Haas, Montgomery, of counsel, for the State.

CARR, Presiding Judge.

This appeal is from a judgment of conviction for vagrancy. The prosecution proceeded on the factual theory that the appellant was a common drunkard. Title 14, § 437, subsection 5, Code 1940.

The only reviewable question relates to the sufficiency of the evidence to sustain the judgment of conviction. This was raised by a motion to exclude the state's evidence. Hendricks v. State, 34 Ala.App. 502, 41 So.2d 420

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