Legal Opinion

Isbell v. State

Alabama Court of Appeals

Decided June 21, 1921No. 7 Div. 738PublishedCited by 5 opinions

Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Stephen Isbell was convicted-of violating the> prohibition laws, and he appeals. The facts on which the opinion is rested sufficiently appear therefrom. The defendant was entitled to the second charge as to the second count. (Fla.) 83 South. 867.

1Opinion of the CourtBricken, P. J.

[1] The indictment contained two counts. The first count charged that the defendant subsequent to the 25th day of January, 1919, did distill, make, or manufacture alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol, contrary to law. But as there was no evidence adduced upon this trial to sustain the averments contained in this count, the court very properly charged the jury to that effect, thereby eliminating count one of the indictment.

Count 2 charged that subsequent to the 30th day of September (without naming or designating any year) the defendant did…

2Cases cited1 opinion

  1. Howard v. StateAlabama Court of Appeals · 1920

3Cited by5 opinions

  1. Clark v. StateAlabama Court of Appeals · 1921
  2. Coker v. StateAlabama Court of Appeals · 1922
  3. Hammons v. StateAlabama Court of Appeals · 1922
  4. Laminack v. StateAlabama Court of Appeals · 1922
  5. Webb v. StateAlabama Court of Appeals · 1922

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