Prestwood v. State
Supreme Court of Alabama
From the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in its second count, that James A. Prestwood and Norman McIntosh, carrying on business as partners under the firm name of Prestwood & McIntosh, “did unlawfully sell, give away, or otherwise dispose of spirituous, vinous, or malt liquors, or intoxicating bitters, within Beat number two in said county, known as iairfield Beat.”
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From the Circuit Court of Covington. Tried before the Hon. John P. Hubbard. The indictment in this case charged, in its second count, that James A. Prestwood and Norman McIntosh, carrying on business as partners under the firm name of Prestwood & McIntosh, “did unlawfully sell, give away, or otherwise dispose of spirituous, vinous, or malt liquors, or intoxicating bitters, within Beat number two in said county, known as iairfield Beat.” On the trial, as the bill of exceptions shows, “it' was admitted that the General Assembly of Alabama, during the session of 1880-81, passed an act…
1Opinion of the CourtSomerville, J.
The act of February 28th, 1881 (Acts .1880-81, p. 148), prohibits the sale, giving away, or otherwise disposing of any kind of spirituous, vinous or malt liquors in “Beat number two, known as Fairfield Beat, in Covington county,” The effect was to establish prohibition as the law of the beat, with the boundaries and area as it was then constituted. If the act had declared the boundaries of the beat, it would not have been more definite or fixed in its operation as a rule of civil conduct. The description was certain because perfectly capable of being rendered certain by record evidence.
It…
2Cases cited1 opinion
- Ashurst v. StateSupreme Court of Alabama · 1885
3Cited by13 opinions
- Warren v. StateSupreme Court of Alabama · 1916
- Blanchard v. GauthierSupreme Court of Louisiana · 1966
- Hughes v. Parish CouncilLouisiana Court of Appeal · 1950
- Jones v. StateSupreme Court of Alabama · 1892
- Smith v. WalkerIndiana Supreme Court · 1909
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