Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 15

Report of Cases Argued and Determined in the Court of Appeals of Alabama Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... for others, his possession would be unlawful. APPEAL from Walker Law and Equity Court. Heard before Hon. J. J. CURTIS. Tom Howard was convicted of violating the prohibition law, and he appeals. Affirmed. Howard v. The State. Omitting formal charging part, the affidavit is as follows: That within twelve months before the making of this affidavit Tom Howard sold, offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law. (4) Within twelve months before making this affidavit and since January 27, 1915, Tom Howard received or accepted for delivery of or possessed at one time more than one-half gallon of spirituous liquor. Charge 1 given for the state is as follows: If you believe beyond a reasonable doubt that defendant knowingly had in his possession more than two quarts of whisky in this county before the affidavit was sworn out, and since January 27, 1915, you should find defendant guilty under the fourth count. LACY & LACY, for appellant. W. L. MARTIN, Attorney General, and P. W. TURNER, Assistant Attorney General, for the State. BROWN, J.--( 1) The constitutionality of section 12 of the act commonly designated "the Bonner Anti-Shipping Bill" (Acts 1915, pp. 39-49) was sustained by the Supreme Court in Southern Express C0. v. Whittle, 194 Ala. 406, 69 South. 652, and the appellant's contention that the act is unconstitutional cannot prevail. ( 2, 3) The state, after all the evidence was introduced, elected to prosecute under the first and fourth counts of the complaint, and the trial resulted in a conviction under the fourth count only. The first count, as has been repeatedly ruled, is in the form prescribed by the statute and was not subject to more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • United States
  • English
  • black & white illustrations
  • 1236794311
  • 9781236794314