Whaley v. State
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County ; W. L. Martin, Judge. Cecil Whaley was convicted of violating the Prohibition Law of 1915, and he appeals. The information was insufficient. 39 Ala. 521; 19 Ala. 552; 69 Ala. 235; 89 Ala. 37, 8 South. 28; 98 Ala. 50, 13 SowHi. 148. The defect was one of substance, and not of form. 63 Conn. 522, 28 Atl. 32.
1Opinion of the CourtBricken, P. J.
The former opinion in this case under date of December 14, 1920, is withdrawn, and the order of affirmance therein rendered is set aside.
[1] This appeal is upon the record proper, without a bill of exceptions, and it is insisted that the complaint or affidavit upon which the defendant was tried is void, and will therefore not support a judgment of conviction.
The complaint charges that defendant did manufacture, sell, etc., “the prohibited liquors and beverages described in section one of the act passed by the Legislature of Alabama and approved January 23, 1915.” The framer of the complaint…
2Cited by4 opinions
- Pate v. StateAlabama Court of Appeals · 1969
- Myhand v. City of DothanAlabama Court of Appeals · 1923
- Parker v. StateAlabama Court of Appeals · 1925
- Mitchell v. StateAlabama Court of Appeals · 1945