Clark v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. .Herbert Clark was convicted of violating the prohibition laws, and he appealed. The indictment consisted of five counts, all charging the manufacture of prohibited liquors or having in possession a still, apparatus or appliances for manufacturing prohibited liquors.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. .Herbert Clark was convicted of violating the prohibition laws, and he appealed. The indictment consisted of five counts, all charging the manufacture of prohibited liquors or having in possession a still, apparatus or appliances for manufacturing prohibited liquors. Count five charges that since the 30th day of September, 1919, Herbert Clark did have in his possession a still, apparatus or appliance to be used for the purpose of manufacturing alcoholic, spirituous, malted liquors or beverages contrary to law. The indictment…
1Opinion of the CourtBricken, P. J.
[1] Count 5, of the indictment under which this defendant was convicted, was defective for the reason that it' covered a period of time when it was no offense against the law to commit the acts complained of therein. This count was based upon the statute passed by the Legislature during its 1919 session, Acts 1919, p. 1086, and was approved September 30, 1919. It contained no special provision as to its date of operation, and, it being a penal act, it therefore became operative and took effect 60 days after its approval, under the provisions of section 7805, Code 1907. It therefore appears…
2Cases cited4 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- Dentler v. StateSupreme Court of Alabama · 1895
- McIntyre v. StateSupreme Court of Alabama · 1876
- Isbell v. StateAlabama Court of Appeals · 1921
3Cited by24 opinions
- Guin v. StateAlabama Court of Appeals · 1922
- Griggs v. StateAlabama Court of Appeals · 1922
- Crafts v. StateCourt of Criminal Appeals of Alabama · 1983
- Gay v. StateAlabama Court of Appeals · 1923
- Holt v. StateSupreme Court of Alabama · 1939
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