448 So. 2d 477 | Ala. Crim. App. | 1984
Appellant Edwrick Venor Fowler was convicted of robbery in the first degree of the Shoney's Inn in Tuscaloosa, Alabama, and sentenced to life imprisonment in the penitentiary. Pursuant to §
That section reads:
"In all cases where a criminal defendant has been convicted of a Class A felony committed after a previous conviction of another Class A felony, and such second conviction results in a sentence to imprisonment for life, he shall not be eligible for parole."
Appellant correctly states in his brief that when an indictment fails to specify the denomination of the currency taken, an additional allegation should be made that the particular denomination was unknown to the grand jury. Davis v.State,
The indictment in the case at bar described the stolen property as
". . . a sum of money, to-wit: Two Hundred Thirty Six and no/100 ($236.00) dollars, lawful cash, coin or currency, of the United States of America, a better description of the said property being otherwise unknown to the Grand Jury . . ."
We find that the phrase "a better description of said property being otherwise unknown" sufficiently indicates that the denomination of the currency was unknown to the grand jury. To hold otherwise would support a semantic distinction that has no basis in law or reason.
For the reasons cited above, this case is due to be affirmed.
AFFIRMED.
All the Judges concur.