Ewing v. State
Alabama Court of Appeals
- Appeal from County Court, Morgan County; W. T. Lowe, Judge. Robert Ewing was convicted of violating the prohibition law, and he appeals. It was incumbent to allege that the offense occurred subsequent to February 20, 1919. Section 7347, Code 1907. There is a difference between possession and custody, and temporary custody is not sufficient. 25 S. W. 289. Counsel discuss other assignments, but without further citation of authority.
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- Appeal from County Court, Morgan County; W. T. Lowe, Judge. Robert Ewing was convicted of violating the prohibition law, and he appeals. It was incumbent to allege that the offense occurred subsequent to February 20, 1919. Section 7347, Code 1907. There is a difference between possession and custody, and temporary custody is not sufficient. 25 S. W. 289. Counsel discuss other assignments, but without further citation of authority. The Alabama act was not repealed by the Volstead Act or the mighteenth Amendment. 144 Minn. 342, 175 N. W. 683; 144 Minn.' 337, 175 N. W. 685; 148 La. 31, 86…
1Opinion of the Court
The appellant was convicted under an affidavit which charged that he "had in his possession, spirituous, vinous, fermented, malted, or other intoxicating or prohibited liquor since January 25, 1919."
The first ground of demurrer raises the proposition that the act under which the affidavit is made has been superseded by the Eighteenth Amendment to the Constitution of the United States, and the act of Congress known as the Volstead Act (41 Stat. 305). This proposition has been decided adversely to appellant's contention in State of Rhode Island v. Palmer,253 U.S. 350, 40 Sup. Ct. 486, 64 L.Ed.…
2Cases cited9 opinions
- National Prohibition CasesSupreme Court of the United States · 1920
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- City of Shreveport v. MarxSupreme Court of Louisiana · 1920
- Cheney v. StateSupreme Court of Alabama · 1911
- State v. HosmerSupreme Court of Minnesota · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Powell v. StateAlabama Court of Appeals · 1921
- Jones v. StateAlabama Court of Appeals · 1921
- Wilson v. StateAlabama Court of Appeals · 1935
- Pride v. StateAlabama Court of Appeals · 1947
- People v. CookMichigan Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.