Lester v. State
Alabama Court of Appeals
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. John Lester was. convicted of violating the prohibition law, and he appeals. The indictment should! have alleged that the offense was committed after Jan. 1, 1909, as it was preferred before the twelve month period had elapsed. — Kelly v. State, 171 Ala. 149; Scott v. State, 3 Ala.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. John Lester was. convicted of violating the prohibition law, and he appeals. The indictment should! have alleged that the offense was committed after Jan. 1, 1909, as it was preferred before the twelve month period had elapsed. — Kelly v. State, 171 Ala. 149; Scott v. State, 3 Ala. App. 148 ; Glenn v. State, 158 Ala. 44; Marks v. State, 159 Ala. 88. The • indictment followed the Code form, and was not therefore, subject to demurrer. — Sec. 7161, Code 1907; Wilson v. State, 61 Ala. 151; Johnson v. State, 142 Ala. 1.
1Opinion of the CourtThomas, J.
The indictment in this case was returned on October 12, 1909, charging the defendant with selling spirituous, vinous, or malt liquors without a license, contrary to law, and following the form prescribed in section 7161 of the Code. It was demurred to upon the ground, among others, that it did not allege’when the sale was made; that is, whether it was made before or subsequent to January 1, 1909, the time when the state-wide prohibition law went into effect in Macon county. — Acts Sp. S’ess. 1907, p. 76, § 13. Up to the date named Macon county was operating under a dispensary law, forbidding,…
2Cases cited5 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Glenn v. StateSupreme Court of Alabama · 1909
- McIntyre v. StateSupreme Court of Alabama · 1876
- Kelly v. StateSupreme Court of Alabama · 1911
- Scott v. StateAlabama Court of Appeals · 1912
3Cited by1 opinion
- Williams v. StateAlabama Court of Appeals · 1913