Moss v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Nankin. Henry Morse was convicted of violating the prohibition law, and he appeals, The affidavit contains a single count in the alternative, and there could be but one conviction for a single separate offense, and the defendant was therefore entitled before opening the defense to have the state elect as to which of the several acts proven it would ask a conviction of. — Sec. 30, Acts 1909, p. 63; Untreinor v. State,…
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Appeal from Andalusia City Court. Heard before Hon. A. L. Nankin. Henry Morse was convicted of violating the prohibition law, and he appeals, The affidavit contains a single count in the alternative, and there could be but one conviction for a single separate offense, and the defendant was therefore entitled before opening the defense to have the state elect as to which of the several acts proven it would ask a conviction of. — Sec. 30, Acts 1909, p. 63; Untreinor v. State, 146 Ala. 133; Smith v. State, 52 Ala. 384; 11 Ene. P & P. 576. Counsel discuss other assignments of error, but without…
1Opinion of the CourtWalker, P. J.
The act approved August 25, 1909, entitled “An act to farther suppress the evils of intemperance,” etc. (Acts Special Session 1909, p. 63), contains a number of provisions which are made generally applicable to prosecutions for violations of the’state’s prohibitive liquor laws, and that act (section 38) expressly repeals all laws and parts of laws, general, local, and special, in conflict with its provisions. One of the provisions of that act (section 32) is a specification of the time and manner of the defendant’s making a demand for a trial by jury when he is prosecuted in a court in which…
2Cases cited2 opinions
- Untreinor v. StateSupreme Court of Alabama · 1906
- Howle v. StateAlabama Court of Appeals · 1911
3Cited by12 opinions
- State v. BergSupreme Court of Iowa · 1946
- State v. BilboaIdaho Supreme Court · 1920
- Barefield v. StateAlabama Court of Appeals · 1916
- Evans v. StateAlabama Court of Appeals · 1931
- Brooms v. StateAlabama Court of Appeals · 1916
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