Lovett v. State

FOSTER, Justice.

The indictment in this case charges the defendant with having in his possession for sale whiskey contrary to law against the peace and dignity of the State of Alabama, and was returned. July 31, 1941, in Houston which is a wet county.

There was a demurrer which raises the question that since Houston County is a wet county, there is no law making such an act criminal. Reliance is had on a statement in Hardin v. State, 30 Ala.App. 204, 3 So.2d 83, at page 85 (after remandment), to the effect that in wet counties the Alcoholic Beverage Control Act of February 2, 1937, Extra…