Hauser v. State
Alabama Court of Appeals
Appeal from Mobile City Court. Heard before Hou. O. J. Semmes. Jacob J. Hauser was convicted of violating the prohibition law, and appeals. Charge “D” is as follows: “The mere fact that liquor was found on- the premises, without more, would not make the defendant guilty, and, if the jury do not find beyond all reasonable doubt that the liquor was kept for an unlawful purpose, as charged in this case, then you should find the defendant not guilty.”
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Appeal from Mobile City Court. Heard before Hou. O. J. Semmes. Jacob J. Hauser was convicted of violating the prohibition law, and appeals. Charge “D” is as follows: “The mere fact that liquor was found on- the premises, without more, would not make the defendant guilty, and, if the jury do not find beyond all reasonable doubt that the liquor was kept for an unlawful purpose, as charged in this case, then you should find the defendant not guilty.” The sale of liquor having been authorized in the county of Mobile by an election, the Carmichael and Fuller bills are no longer in. force, and the…
1Opinion of the CourtThomas, J.
The Supreme Court have held, after most careful consideration and painstaking and elaborate discussion, that section 32 of the act approved August 25, 1909, commonly known as the “Fuller Bill” *33(see Gen. & Loc. Acts Sp. Sess. 1909, p. 63), was constitutional. — Alford v. State, ex rel. Atty. Gen., 170 Ala. 178, 54 South. 213, Ann. Cas. 1912C, 1093. That section provides, in substance, that all prosecutions for a violation of any of the provisions of the act, or any other act for the suppression of the evils of intemperance, including all prosecutions for a violation of the auxiliary…
2Cases cited5 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- McGehee v. StateSupreme Court of Alabama · 1875
- Massey v. SmithSupreme Court of Alabama · 1882
- Dudley v. Chilton CountySupreme Court of Alabama · 1880
- Western Railway v. Capital Brewing & Ice Co.Supreme Court of Alabama · 1912
3Cited by14 opinions
- Southern Express Co. v. StateSupreme Court of Alabama · 1914
- Martin v. WattsSupreme Court of Alabama · 1987
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Southern Express Co. v. I. Brickman & Co.Supreme Court of Alabama · 1914
- Spigener v. StateAlabama Court of Appeals · 1914
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