Legal Opinion

Gibson v. State

Alabama Court of Appeals

Decided August 1, 1916PublishedCited by 5 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. E. M. Gibson was convicted of violating the prohibition law, and he appeals. Charge 3 is as follows: The mere having of a liquor license in one’s possession or custody where no liquors are found is not a prima facie case.

1Opinion of the CourtPelham, J.

(1, 2) The defendant was indicted by a grand jury of the circuit court of Walker county for a violation of the prohibition laws in that county, and was tried and found guilty. Three special pleas were filed by the defendant, to which demurrers were sustained. One of these special pleas alleged that before the beginning of this prosecution against him he was ar.rested on a charge for “the same offense” in Jefferson county, and that said case is still undisposed of and pending in the criminal court of Jefferson county. The second plea alleged that the defendant had been acquitted of “the same…

2Cases cited3 opinions

  1. Bell v. StateSupreme Court of Alabama · 1896
  2. Huckabee v. StateSupreme Court of Alabama · 1910
  3. Stadt v. StateAlabama Court of Appeals · 1915

3Cited by5 opinions

  1. Holloway v. StateAlabama Court of Appeals · 1952
  2. Holt v. StateAlabama Court of Appeals · 1918
  3. Treadaway v. StateAlabama Court of Appeals · 1922
  4. Tolbert v. StateAlabama Court of Appeals · 1938
  5. Holloway v. StateAlabama Court of Appeals · 1952

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