Clewis v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Gus Clewis was convicted of violating the prohibition law, and he appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Gus Clewis was convicted of violating the prohibition law, and he appeals. The affidavit was as follows: “Personally appeared before me, William Jackson, judge of the city court of Bessemer, in and for said county, George Dyson, who, being duly sworn, says that ' Gus Clewis, within 12 months before making this affidavit, in said county, sold spirituous, vinous, or malt liquors without a license and contrary to law or did sell spirituous, vinous, or malt liquors contrary to law, against the peace and dignity of the state of…
1Opinion of the CourtMcCLELLAN, J.
Under the authority of Higdon v. Stuckey, 169 Ala. 148, 53 South. 301, overruling Herring v. State, 158 Ala. 31, 48 South. 476, the affidavit here involved was. not. subject to the objection that it was taken .without authority of law, by the judge of the city court of Bessemer, No. sufficient reason is made to appear for a departure from the ruling thus made in Higdon v. Stuckey, supra. There, was no merit in.the criticism of the warrant because it was made returnable before the judge of the city court of Bessemer, rather than to that city court. The appearance bond was conditioned jipon the…
2Cases cited3 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- Higdon v. StuckeySupreme Court of Alabama · 1910
- Herring v. StateSupreme Court of Alabama · 1908
3Cited by1 opinion
- Mahaley v. StateAlabama Court of Appeals · 1958