Brogden v. State
Alabama Court of Appeals
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Ed. Brogden was convicted of manufacturing prohibited liquors, and appeals. The indictment was in the usual form. The demurrers raised the question of the unconstitutionality of the act on which the prosecution was based.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Ed. Brogden was convicted of manufacturing prohibited liquors, and appeals. The indictment was in the usual form. The demurrers raised the question of the unconstitutionality of the act on which the prosecution was based. The oral charge of the court excepted to is as follows: “If you find from the evidence that the defendant was arrested (and it is without dispute he was arrested), and if you find he remained in the custody of these officers without having asked anything about what he was arrested for, without making any…
1Opinion of the CourtMerritt, J.
The appellant was convicted under an indictment which charged him with distilling, making, or manufacturing alcoholic, spirituous, malted, or mixed liquors subsequent to the 25 th day of January, 1919, and sentenced to the penitentiary for an indeterminate term of not less than one nor more than three years.
[1] The indictment is drawn under the act “to further suppress the evils of intemperance,” etc. Acts 1919, p. 16, § 15.
The questions raised by demurrer have been passed on adversely to appellant in the case of Shoemake v. State, 86 South. 151. See Dowda v. State, 203 Ala. 441, 83 South.…
2Cases cited7 opinions
- Jackson v. StateSupreme Court of Alabama · 1910
- State ex rel. Brassell v. TeasleySupreme Court of Alabama · 1915
- Dowda v. StateSupreme Court of Alabama · 1919
- Spencer v. StateSupreme Court of Alabama · 1852
- Hubbard v. StateSupreme Court of Alabama · 1911
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3Cited by2 opinions
- Bolin v. StateSupreme Court of Alabama · 1957
- Bolin v. StateSupreme Court of Alabama · 1957