Legal Opinion

Farrister v. State

Alabama Court of Appeals

Decided February 7, 1922No. 7 Div. 788PublishedCited by 4 opinions

Appeal from Circuit Court, Clebourne County; A. P. Agee, Judge. William Farrister was convicted of violating the prohibition' law, and he appeals. The indictment was void for failing to allege the time, that the offense was committed, whether before or after the approval

1Opinion of the CourtBricken, P. J.

[1] This appeal is upon the record. The indictment contains two counts; the first count charging the making, manufacturing, distilling, etc., of prohibited liquors. The second count charged that he sold, gave away, or had in his possession a still, etc., to be used for the purpose of manufacturing prohibited liquors.

Neither count contained the allegation as to the time of the alleged commission of the offense charged, and it is here contended that the indictment for this reason is void, appellant’s counsel citing Howard v. State, 17 Ala. App. 464, 86 South. 172.

The defendant was convicted…

2Cases cited7 opinions

  1. Miller v. StateAlabama Court of Appeals · 1918
  2. Howard v. StateAlabama Court of Appeals · 1920
  3. Handy v. StateSupreme Court of Alabama · 1898
  4. May v. StateSupreme Court of Alabama · 1887
  5. Adams v. StateSupreme Court of Alabama · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gayden v. StateAlabama Court of Appeals · 1954
  2. Hill v. StateAlabama Court of Appeals · 1956
  3. Winchester v. StateAlabama Court of Appeals · 1925
  4. Willis v. StateAlabama Court of Appeals · 1923

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