Powell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Wesley Powell was convicted of violating •the prohibition law, and he appeals. Brief of counsel did not reach the Reporter. There is nothing ill the proposition that the state statute is superseded by the Volstead Act and the Eighteenth Amendment. 236 Mass. 281, 128 N. E. 273, 10 A. L. R. 1568; (D. C.) 265 Fed. 950; 144 Minn. 342, 175 N. AV. 0S3; 144 Minn. 337, 175 N. AV. 685; 148 La. 31, 86 South. 602.
1Opinion of the CourtBricken, P. J.
This appellant was convicted for violating the prohibition law, the specific charge being that he had in his possession, since the 25th day of January, 3919, spirituous, vinous or malt liquors contrary to law. The evidence disclosed without dispute that on the 22d day of August, 1920, in Madison county, Ala., the defendant had in his possession two gallons of whisky.
There are in effect two questions raised on this appeal; the first being, Has the adopttion of the Eighteenth Amendment to the federal Constitution and the subsequent passage of the National Prohibition Law by Congress (the law…
2Cases cited9 opinions
- National Prohibition CasesSupreme Court of the United States · 1920
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- City of Shreveport v. MarxSupreme Court of Louisiana · 1920
- State v. ClarkSupreme Court of Minnesota · 1911
- State v. HosmerSupreme Court of Minnesota · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
- State v. FaheyNew York Court of General Session of the Peace · 1924
- Barnes v. StateAlabama Court of Appeals · 1922
- Nalls v. StateAlabama Court of Appeals · 1923
- Layman v. StateAlabama Court of Appeals · 1922
14 more not listed; retrieve them via the Exa API.