Howard v. State
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Burrell Howard was convicted of manufacturing prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge under the evidence. 7 Ala. App. 144, 62 South. 270; 167 Ala. 85, 52 South. 417, 28 L. R. A. (N. S.) 536. The indictment charged no offense, or was so indefinite as to time, etc., that it cannot'support a conviction.
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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. Burrell Howard was convicted of manufacturing prohibited liquors, and he appeals. The defendant was entitled to the affirmative charge under the evidence. 7 Ala. App. 144, 62 South. 270; 167 Ala. 85, 52 South. 417, 28 L. R. A. (N. S.) 536. The indictment charged no offense, or was so indefinite as to time, etc., that it cannot'support a conviction. Counsel did not raise the question in the court below, and hence cannot raise it here. 119 Miss. 473, 81 South. 166, 4, A.. L. R. 1487. Counsel did not raise the question in the…
1Opinion of the CourtBricken, P. J.
The indictment upon which the defendant was tried and convicted was framed under section 15 of the act approved January 25, 1919, for the suppression of intemperance, etc., said act being commonly called and known as the “Bone Dry Law.” Acts 1919, p. 6. The indictment contained only one count and is as follows:
“The grand jury of said county charge that before the finding of this indictment Burrell Howard did distill, make, or manufacture, alcoholic, spirituous, malted, or mixed liquors or beverages contaiuing alcohol, contrary to law, against the peace and dignity of the state of Alabama.”
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2Cases cited6 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- Miller v. StateAlabama Court of Appeals · 1918
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- Dentler v. StateSupreme Court of Alabama · 1895
- McIntyre v. StateSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Shiflett v. StateAlabama Court of Appeals · 1953
- Savage v. StateAlabama Court of Appeals · 1921
- McMullen v. StateAlabama Court of Appeals · 1920
- Robinson v. StateCourt of Criminal Appeals of Alabama · 1982
- Frazier v. StateAlabama Court of Appeals · 1920
19 more not listed; retrieve them via the Exa API.