Ryan v. State

CATES, Judge.

This appellant appeals from a judgment of guilty of “possessing illicit liquors as charged in the indictment,” rendered on a plea of the same tenor.

However, in the indictment Ryan was charged with transporting prohibited liquors in quantities of five gallons or more.

In Jarnigan v. State, 24 Ala.App. 153, 132 So. 48, and Overton v. State, 24 Ala.App. 8, 132 So. 50, this court, per Bricken, P. J., held that an indictment under the “five gallon law” charged an indivisible crime which admitted of conviction of no lesser included offense. Judge Bricken’s opinions gave regard to what…