Legal Opinion

Clark v. State

Alabama Court of Appeals

Decided February 11, 1930No. 7 Div. 574PublishedCited by 3 opinions

1Opinion of the CourtSameord, J.

Defendant was caught on the public road in De Kalb county, in a Hudson Super Six car, in which was at the time one hundred gallons of whisky.

The point attempted to be made by defendant is that, because the car at the time the officers caught it was stuck in a mndhole and was not at that time moving, there can be no conviction for transporting, which charge contemplates a moving of the car from and to. There is a decision of the Supreme Court (Carey v. State, ex rel. Almon, 206 Ala. 351, 89 So. 609) which holds to a view similar to the contention here made, but we think there is enough…

2Cases cited1 opinion

  1. Carey v. State Ex Rel. AlmonSupreme Court of Alabama · 1921

3Cited by3 opinions

  1. Ray v. StateAlabama Court of Appeals · 1957
  2. Green v. StateAlabama Court of Appeals · 1954
  3. Parker v. StateAlabama Court of Appeals · 1961

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