Glover v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. . Rich Glover was convicted of violating tbe prohibition law, and he appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. . Rich Glover was convicted of violating tbe prohibition law, and he appeals. The affidavit, omitting formal charging part, is as follows: Rich Glover, whose name is to affiant otherwise unknown, within the last 12 months, and within said county, sold, offered for sale, kept for sale, or otherwise disposed of spirituous, vinous, or malt liquors, contrary to law, or sold, offered for sale, kept for sale, or otherwise disposed of prohibited liquors and beverages, against the peace and dignity of the state of Alabama. The…
1Opinion of the CourtPelham, P. J.
The ruling on the motion to quash the warrant and affidavit is not reviewable here, in the absence of a bill of exceptions. — Fitzpatrick v. State, 169 Ala. 1, 53 South. 1021.
The time at which the offense was committed was not a necessary averment of the affidavit. It could have been averred as committed at any day before making the affidavit charging the offense (Code, § 7139), and the defendant could have required the state to show that the offense was committed at that time prior to the perferment of the charge that was within the period prescribed by statute in which it is made…
2Cases cited7 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Fitzpatrick v. StateSupreme Court of Alabama · 1910
- O'Brien v. StateSupreme Court of Alabama · 1890
- McDade v. StateSupreme Court of Alabama · 1852
- Yancey v. StateAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hancock v. StateAlabama Court of Appeals · 1916