Reese v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Cheatham Reese was convicted for violating the prohibition laws, and he appeals. The indictment failed to contain words constituting all the elements, or constituent elements, of the offense. 45 Ala. 46; 17 Ala. 182; 16 Ala. App. 399, 78 South. 315; 15 Ala.
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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Cheatham Reese was convicted for violating the prohibition laws, and he appeals. The indictment failed to contain words constituting all the elements, or constituent elements, of the offense. 45 Ala. 46; 17 Ala. 182; 16 Ala. App. 399, 78 South. 315; 15 Ala. App. 142, 72 South. 611; 203 Ala. 276, 82 South. 526. The counsel discuss the question of search and seizure and the things found as evidence against the defendant, without search warrant, but concede that the decision in the Mary Banks Case forecloses that question. The…
1Opinion of the CourtBricken, P. J.
[1] Count 2 of the indictment under which this defendant was convicted, charged' that he did sell, give away, or have in possession a still, apparatus, appliance, or a device or substitute for a still, apparatus, or appliance, for the purpose of manufacturing prohibited liquors or beverages contrary to law, etc.. The sufficiency of this count was challenged by demurrer; the point being made that it failed to charge an indictable offense, for the reason the words “to be used,” as they appear in the statute, were left out.
There can be no doubt that the phrase contained in the statute, “to he…
2Cases cited1 opinion
- Holloway v. StateAlabama Court of Appeals · 1922
3Cited by9 opinions
- McKenzie v. StateAlabama Court of Appeals · 1923
- Wells v. StateAlabama Court of Appeals · 1923
- Bishop v. StateAlabama Court of Appeals · 1923
- Floyd v. StateAlabama Court of Appeals · 1922
- Holloway v. StateAlabama Court of Appeals · 1922
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