Legal Opinion

McDaniel v. State

Alabama Court of Appeals

Decided April 3, 1917No. 8 Div. 508PublishedCited by 2 opinions

Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Dock McDaniel was convicted of violating the prohibition law, and he appeals.

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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Dock McDaniel was convicted of violating the prohibition law, and he appeals. The motion to strike, and the plea in abatement attacks the indictment returned on January 8, 1916, by the grand jury authorized September 20, 1915, on the ground that by operation of law the term of the court ended December 31, 1915, and that the court could not, by an order, adjourn this grand jury beyond the limit set by the law. The defendant offered to show by ICate Doss that one John Robinson and Ben Singleton, made an assault upon her.…

1Opinion of the Court

The defendant was tried at an adjourned term of the law and equity court of Morgan county, and convicted of the offense of selling spirituous, vinous, and malt liquors contrary to law, and from said judgment of conviction he appeals. On the trial of the case, by motion and otherwise, the regularity of the adjourned term of the court was raised.

But the recent cases of Ogles v. State, 15 Ala. App. 111, 72 So. 598, Ex parte Brown, 15 Ala. App. 210,72 So. 772, and White v. State, 15 Ala. App. 197,72 So. 771, in effect dispose of defendant's objections and questions presented on this appeal with…

2Cases cited6 opinions

  1. Smith v. StateSupreme Court of Alabama · 1913
  2. DuBose v. StateSupreme Court of Alabama · 1906
  3. Ex Parte BrownAlabama Court of Appeals · 1916
  4. Harkey v. StateAlabama Court of Appeals · 1915
  5. Ogles v. StateAlabama Court of Appeals · 1916

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3Cited by2 opinions

  1. Crumbley v. StateAlabama Court of Appeals · 1933
  2. Brown v. StateAlabama Court of Appeals · 1917

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