Legal Opinion

Toole v. State

Supreme Court of Alabama

Decided November 17, 1910PublishedCited by 42 opinions

Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Proceedings by tbe state of Alabama against W. J. Toole, for the condemnation of intoxicating liquors. Judgment for ¡lie state and the claimant of the liquors appeals.

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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Proceedings by tbe state of Alabama against W. J. Toole, for the condemnation of intoxicating liquors. Judgment for ¡lie state and the claimant of the liquors appeals. The warrant was not made returnable to the proper tribunal, and hence, was subject to motion to quash. — Holberg M. Go. v. The State, 48 So. 620. The warrant fails to describe the place with certainty, which was to be searched. — State v. Duane, 100 Me. 447. Pleas 2 and 4 show that the property was still the subject of an interstate shipment, and ivas the…

1Opinion of the CourtSayre, J.

This proceeding originated in a search and seizure warrant sworn out under section 22 of the act approved August 25, 1909, entitled “An act to further suppress the evils of intemperance, and to secure obedience to and the enforcement of, and to prevent the evasion of, the laws of the state for the promotion of temperance and for the prohibition of the manufacture of and traffic in or unlawful disposition of prohibited liquors and beverages; to provide for the abatement of liquor nuisances and the seizure and destruction of forfeited liquors and beverages, and to prescribe the pro*46cedure in…

2Cases cited13 opinions

  1. Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
  2. Rhodes v. IowaSupreme Court of the United States · 1898
  3. Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
  4. Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
  5. People v. . CannonNew York Court of Appeals · 1893

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3Cited by42 opinions

  1. Knox v. StateAlabama Court of Appeals · 1964
  2. Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933
  3. Oliver v. StateCourt of Criminal Appeals of Alabama · 1970
  4. Fulton v. StateSupreme Court of Alabama · 1911
  5. Roman v. LentzSupreme Court of Alabama · 1912

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

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