Legal Opinion

Davis v. State

Supreme Court of Alabama

Decided April 19, 1906PublishedCited by 3 opinions

Appeal from Wilcox Circuit Court. Heard before. Hon. fe. M. Miller. The defendant in this case, after the demurrers to the indictment- had been overruled, set up the statute of limitations of one year as a bar to the further prosecution of the suit. It appeared that an indictment was found against him for the same offense at the fall term, 1903, which on motion of the solicitor was quashed, whereupon the court made the following order: The State of Alabama v. Clinton Davis.

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Appeal from Wilcox Circuit Court. Heard before. Hon. fe. M. Miller. The defendant in this case, after the demurrers to the indictment- had been overruled, set up the statute of limitations of one year as a bar to the further prosecution of the suit. It appeared that an indictment was found against him for the same offense at the fall term, 1903, which on motion of the solicitor was quashed, whereupon the court made the following order: The State of Alabama v. Clinton Davis. Indictment for Violating Prohibition Law. Coinés the State by its solicitor, and also comes the defendant, into' open…

1Opinion of the CourtDenson, J.

The defendant was indicted and convicted for selling vinous, spirituous, or malt liquors in Wilcox county in violation of an act of the tleneral Assembly approved December 12, 1882, which act by its terms prohibits the sale of such liquors in said county. Acts 1882-83, p. 234. In the case of Watson v. State, 140 Ala. 134, 37 South. 225, this act was declared unconstitutional in part, but was expressly upheld as a constitutional enactment with respect of its provisions which relate to the kind of liquors for the sale of which the defendant wás convicted in this case. On the trial the defendant…

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Alabama · 1902
  2. Watson v. StateSupreme Court of Alabama · 1903
  3. Rogers v. StateSupreme Court of Alabama · 1899

3Cited by3 opinions

  1. Turley v. StateCourt of Criminal Appeals of Alabama · 1978
  2. Smith v. StateAlabama Court of Appeals · 1915
  3. Scott v. StateSupreme Court of Alabama · 1907

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