Garner v. State
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Jack Garner was convicted of violating the prohibition law and he appeals. The court erred in instructing the jury to find the defendant guilty if he knew that intoxicating liquors were kept for sale at his place. The defendant was not indicted under such a charge. — Acts 1909, p. 68; 69 Is. 124; 15 Atl. 68. The court erred in charging that the witness Smith was corroborated by witness Phillips.
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Appeal from Anniston City Court. Heard before Hon. A. H. Alston. Jack Garner was convicted of violating the prohibition law and he appeals. The court erred in instructing the jury to find the defendant guilty if he knew that intoxicating liquors were kept for sale at his place. The defendant was not indicted under such a charge. — Acts 1909, p. 68; 69 Is. 124; 15 Atl. 68. The court erred in charging that the witness Smith was corroborated by witness Phillips. The court erred in charging the jury as to the construction to be placed upon the defendant’s testimony.— Stanley v. Nelson, 28 Ala.…
1Opinion of the Court
de GRAFFENRIED, J.
No proposition is more familiar than that a man cannot be indicted for an offense, and under that indictment suffer a conviction of an offense not named in the indictment. A man cannot be indicted for the larceny of a horse, and under that indictment be convicted of the larceny of a mule. In the present case the defendant was indicted for manufacturing, selling, offering for sale, giving away, furnishing at a public place, or otherwise disposing of spirituous, vinous, or malt liquors. While the language of the indictment was broad, it did not contain an averment that the…
2Cited by9 opinions
- Wingard v. StateCourt of Criminal Appeals of Alabama · 2001
- Cordial v. StateCourt of Criminal Appeals of Alabama · 1980
- Owens v. StateCourt of Criminal Appeals of Alabama · 1971
- Ex Parte RandleSupreme Court of Alabama · 1987
- Ashby v. StateAlabama Court of Appeals · 1931
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