Coleman v. State ex rel. Wild
Alabama Court of Appeals
Search and Seizure Proceedings. Appeal from. LoAvndes Circuit Court. Heard before Hon. A. E. Gamble. Search and seizure proceedihgs for prohibited liquors instituted by the state on the relation of A. R. Wild and others against E. P. Coleman. Judgment for plaintiff, and defendant appeals. The warrant and affidavit were insufficient because general, covering more than one place to be searched. — Toole v. The State, 170 Ala, 41; Gheeh v. State ex rel.
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Search and Seizure Proceedings. Appeal from. LoAvndes Circuit Court. Heard before Hon. A. E. Gamble. Search and seizure proceedihgs for prohibited liquors instituted by the state on the relation of A. R. Wild and others against E. P. Coleman. Judgment for plaintiff, and defendant appeals. The warrant and affidavit were insufficient because general, covering more than one place to be searched. — Toole v. The State, 170 Ala, 41; Gheeh v. State ex rel. Metcalf, 57 South. 108. The affidavit was totally deficient, under the provisions authorizing its issue. — Section 22, subd. 6, Acts 1909, p. 76.…
1Opinion of the CourtWalker, P. J.
This proceeding had its commencement in the making of an affidavit by A. R. Wild and J. M. Black before a justice of the peace, in which they deposed “that they have cause to believe, and do believe, that there are malt liquors stored in the building owned by W. C. Cureton, now occupied by E. P. Coleman, H. N. Coleman, and S. F. Glass Hdw. Co., also second story of this building, known as the 'Old Tillery Shop,’ in Lowndes Co., or in a nearby restaurant operated by Chanie Jones in said county.” Upon the making of this affidavit the justice of the peace issued a warrant directed to any lawful…
2Cases cited3 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- Thrash v. BennettSupreme Court of Alabama · 1876
- Cheek v. State ex rel. MetcalfAlabama Court of Appeals · 1911
3Cited by3 opinions
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- Coleman v. StateAlabama Court of Appeals · 1914
- State v. BradleySupreme Court of Alabama · 1964