Legal Opinion

Hancock v. State

Alabama Court of Appeals

Decided April 6, 1916PublishedCited by 5 opinions

Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Ben Hancock was convicted of violating the prohibition law, and he appeals.

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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Ben Hancock was convicted of violating the prohibition law, and he appeals. The following are the counts referred to in the opinion: (1) Before me, T. ,L. Sowell, judge of the law and equity court of Walker county, in and for said county, personally appeared J. D. Estes, who, being duly sworn, deposes and says that he has probable cause for believing and,, does believe that within 12 months before the making of this affidavit, Ben Hancock, whose name is to the affiant unknown otherwise, sold, offered for sale, kept for…

1Opinion of the CourtPelham, P. J.

The only questions raised by the record relate to the action of the court in overruling defendant’s demurrer to each of the eight counts of the complaint upon which defendant was tried for a violation of the prohibition law.(1) .If there was error in overruling the demurrer as to the second, third, fourth, fifth, and sixth counts, it was error without injury, for it appears from the record that the court subsequently gave the defendant the affirmative charge as to each of these counts. There remain to be considered, therefore, only the first, seventh, and eighth counts.(2) The first count…

2Cases cited4 opinions

  1. Norman v. StateAlabama Court of Appeals · 1915
  2. Spigener v. StateAlabama Court of Appeals · 1914
  3. Hall v. StateAlabama Court of Appeals · 1915
  4. Glover v. StateAlabama Court of Appeals · 1914

3Cited by5 opinions

  1. Dorgan v. StateAlabama Court of Appeals · 1940
  2. Moore v. StateAlabama Court of Appeals · 1950
  3. Worrell v. StateCourt of Criminal Appeals of Alabama · 1978
  4. Davenport v. StateAlabama Court of Appeals · 1916
  5. Ogden v. StateAlabama Court of Appeals · 1916

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