Tarpey v. State
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas .W. Wert. Jerry Tarpey was convicted of violating tbe prohibition law, and be appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas .W. Wert. Jerry Tarpey was convicted of violating tbe prohibition law, and be appeals. While in a proper case tbe United States Revenue stamp tax is admissible, it was not admissible here, bécause it contained two months authorizing the business after tbe finding of tbe indictment. — -Section 22%, Acts 1909, p. 84. Tbe evidence was not sufficient to sustain a conviction.— Edge v. Bessemer, 164 Ala. 199; Toole v. State, 170 Ala. 41. The motion to quash the indictment was properly overruled. The objection was not taken by plea in…
1Opinion of the CourtPelham, J.
— The defendant was convicted of maintaining an unlawful drinking place, in violation of the prohibition laws. The record shows a motion to have been made to quash the indictment, but the motion is not set out in the bill of exceptions. — Kimbell v. State, 165 Ala. 118, 51 South. 16; Jordan v. State, 165 Ala. 114, 51 South. 620. The recitals of the judgment entry show demurrers to the indictment to have been overruled; but what these demurrers were or what supposed defect they attempted to reach we are not informed, as no demurrers are shown by the transcript. — Ala. Chem. Co. v. Niles, 156…
2Cases cited6 opinions
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
- Kimbell v. StateSupreme Court of Alabama · 1909
- Woodward v. StateAlabama Court of Appeals · 1912
- Strange v. StateAlabama Court of Appeals · 1912
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