Frazier v. State
Alabama Court of Appeals
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. John Frazier was convicted of manufacturing prohibited liquors, and he appeals. The following are the charges refused to the defendant: “(1) If you are in doubt of any material element of the offense, the offense having been sufficiently proven, you must acquit the defendant.” (C) Affirmative charge to find the defendant not guilty.
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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. John Frazier was convicted of manufacturing prohibited liquors, and he appeals. The following are the charges refused to the defendant: “(1) If you are in doubt of any material element of the offense, the offense having been sufficiently proven, you must acquit the defendant.” (C) Affirmative charge to find the defendant not guilty. The judgment was void, first, because the sentence was .not definite; and, second, it was not based on the verdict of the jury. 69 Ala. 320; 120 Ala. 293, 25 South. 6; 123 Ala. 48, 26 South. 512; 151…
1Opinion of the CourtBricken, P. J.
[1] Omitting the formal parts of the indictment, the offense charged therein was that “John Frazier did, after the 25th day of January, 1919, distill, make, or manufacture alcoholic or spirituous liquors or beverages contrary to law.” This indictment was drawn under section 15 of the act known as the “Bone Dry Law,” approved January 25, 1919 (Acts 1919, pp. 6, 16). The indictment as drawn is a strict compliance with the provisions of this act. Miller v. State, 16 Ala. App. 534, 79 South. 314; Burrell Howard v. State, ante, p. 464, 86 South. 172.
[2-4] The defendant was convicted as charged,…
2Cases cited11 opinions
- McKee v. StateSupreme Court of Alabama · 1886
- Davis v. StateAlabama Court of Appeals · 1913
- Miller v. StateAlabama Court of Appeals · 1918
- Ex parte RobinsonSupreme Court of Alabama · 1914
- Howard v. StateAlabama Court of Appeals · 1920
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smith v. StateAlabama Court of Appeals · 1939
- Shepard v. StateAlabama Court of Appeals · 1925
- McMahan v. StateAlabama Court of Appeals · 1926
- Hubbard v. StateAlabama Court of Appeals · 1950
- Coleman v. StateAlabama Court of Appeals · 1924
4 more not listed; retrieve them via the Exa API.