Nalls v. State
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Marion Nalls was convicted of violating the prohibition laws, and he appeals. By special pleas defendant interposed’ the defense that the state had no jurisdiction over the subject-matter of the offense charged, since the adoption of the Eighteenth Amendment to the federal Constitution and passage.by Congress of a National Prohibition Act (41 Stat. 305) had effected to supersede the state laws.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Marion Nalls was convicted of violating the prohibition laws, and he appeals. By special pleas defendant interposed’ the defense that the state had no jurisdiction over the subject-matter of the offense charged, since the adoption of the Eighteenth Amendment to the federal Constitution and passage.by Congress of a National Prohibition Act (41 Stat. 305) had effected to supersede the state laws. A witness cannot testify to what another witness knows about a matter. 16 Ala. App. 546, 70 South. 802. The statement by a witness that…
1Opinion of the Court
BRIC'KEN, P. I.
The rulings of the court upon the .pleadings in this case were without error. Powell v. State, 18 Ala. App. 101, 90 South. 138.
The indictment upon which the defendant was tried contained, finally, one count; and charged that the defendant did possess a still, apparatus, appliance, or some device or substitute therefor, to be used for the purpose of manufacturing prohibited liquors or beverages, subsequent to the 1st day of December, 1919, etc.
There appears no necessity to discuss many of the exceptions reserved during this trial; the court’s rulings in numerous instances are…
2Cases cited3 opinions
- Ex Parte MarshallSupreme Court of Alabama · 1922
- Carr v. State.Alabama Court of Appeals · 1920
- Powell v. StateAlabama Court of Appeals · 1921
3Cited by5 opinions
- Sparks v. StateSupreme Court of Alabama · 1953
- Peyton v. StateAlabama Court of Appeals · 1960
- Swinney v. StateSupreme Court of Alabama · 1932
- Hall v. StateAlabama Court of Appeals · 1952
- Peyton v. StateAlabama Court of Appeals · 1960