Legal Opinion

Harkey v. State

Alabama Court of Appeals

Decided May 13, 1915PublishedCited by 8 opinions

Violating Prohibition Lam. Appeal from Tuscalooosa County Court. Heard before Hon. H. B. Foster. John Harkey was convicted of violating the prohibition law, and he appeals.

1Opinion of the CourtThomas, J.

There is no bill of exceptions, and no errors are apparent on the face of the record, except as to' the sentence, which is erroneous.

The charge against defendant was for a violation of the prohibition laws in selling, keeping for sale, or other unlawful disposition, of intoxicating liquors. The jury returned a general verdict of guilty, but fixed no fine, which they might have done under section 3 of the act of August 9, 1909 (Gen. & Local Acts Sp. Sess. 1909, p. 9), but which they refrained from doing, as we must infer, under the power of section 7630 of the Code, which provides that: “When…

2Cases cited4 opinions

  1. Melton v. StateSupreme Court of Alabama · 1871
  2. Nelson v. StateSupreme Court of Alabama · 1871
  3. Spicer v. StateSupreme Court of Alabama · 1894
  4. Stanfield v. StateAlabama Court of Appeals · 1912

3Cited by8 opinions

  1. Carpenter v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Winn v. StateAlabama Court of Appeals · 1954
  3. Caldwell v. StateAlabama Court of Appeals · 1945
  4. Morris v. WilliamsLouisiana Court of Appeal · 1956
  5. McDaniel v. StateAlabama Court of Appeals · 1917

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