Howard v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. J. J. CURTIS. Tom Howard was convicted of violating the prohibition law, and he appeals. Omitting formal charging part, the affidavit is as follows: That within twelve months before the making of this affidavit Tom Howard sold, offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law.
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Appeal from Walker Law and Equity Court. Heard before Hon. J. J. CURTIS. Tom Howard was convicted of violating the prohibition law, and he appeals. Omitting formal charging part, the affidavit is as follows: That within twelve months before the making of this affidavit Tom Howard sold, offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law. (4) Within twelve months before making this affidavit and since January 27, 1915, Tom Howard received or accepted for delivery of or possessed at one time more than one-half gallon of spirituous…
1Opinion of the Court
BROWN, J.(1) The constitutionálity of section 12 of the act commonly designated “the Bonner Anti-Shipping Bill” (Acts 1915, pp. 39-49) was sustained by the Supreme Court in Southern Express Co. v. Whittle, 194 Ala. 406, 69 South. 652, and the appellant’s contention that the act is unconstitutional cannot prevail.
(2, 3) The state, after all the evidence was introduced, elected to prosecute under the first and fourth counts of the complaint, and the trial resulted in a conviction under the fourth count only. The first count, as has been repeatedly ruled, is in the form prescribed by the statute…
2Cases cited22 opinions
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Sioux Remedy Co. v. CopeSupreme Court of the United States · 1914
- Austin v. TennesseeSupreme Court of the United States · 1900
- Cook v. Marshall CountySupreme Court of the United States · 1905
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