Holloway v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Guss Holloway was convicted of violating the prohibition laws, and he appeals. The sheriff testified that he arrested the defendant and said that he had a conversation with him; that he did not offer him anything or use any threats or hold out any hope of reward to him, and was permitted to testify that the defendant told him that he had made whisky, a small amount each time.
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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Guss Holloway was convicted of violating the prohibition laws, and he appeals. The sheriff testified that he arrested the defendant and said that he had a conversation with him; that he did not offer him anything or use any threats or hold out any hope of reward to him, and was permitted to testify that the defendant told him that he had made whisky, a small amount each time. The same was testified to by other witnesses on the stand.
1Opinion of the CourtMerritt, J.
The indictment under which the defendant was convicted is drawn under section 1 of the Acts of 1919, p. 1086, being an act to further suppress the evils of intemperance. This section reads as follows:
“It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus, appliance, or any device or substitute therefor, to be used for the purpose of manufacturing any prohibited liquors or beverages.”
The indictment omits the use of the words “to be used,” and its sufficiency was questioned by demurrer, on this account,…
2Cases cited8 opinions
- Godau v. StateSupreme Court of Alabama · 1913
- Curry v. StateSupreme Court of Alabama · 1919
- Sharp v. StateSupreme Court of Alabama · 1915
- Price v. StateSupreme Court of Alabama · 1897
- Wilson v. StateSupreme Court of Alabama · 1915
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3Cited by3 opinions
- McKenzie v. StateAlabama Court of Appeals · 1923
- Reese v. StateAlabama Court of Appeals · 1921
- Floyd v. StateAlabama Court of Appeals · 1922