Dillard v. State
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for selling whisky without license, Jordan Dillard appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. From a conviction for selling whisky without license, Jordan Dillard appeals. The affidavit charged that before the making of the affidavit and, within twelve months, Jordan Dillard did unlawfully sell, give away or otherwise dispose of spirituous, vinous or malt liquors, intoxicating bitters or fruits preserved in alcoholic liquors not in an incorporated town or city having police regulation both by day and by night, in Jefferson county, Alabama. The warrant charged a violation of the revenue law. The judgment states that…
1Opinion of the CourtDenson, J.
The court committed no error in refusing to entertain an oral demurrer to the warrant. The rules of pleading do not admit of oral demurrers, and it is impracticable to get such demurrers in a record on appeal.
The affidavit, and not the warrant, is the pleading in the case Avhich shows the charge against the defendant. It is the foundation of the prosecution, and upon it defendant should be tried. So there is no force in the objection made by the defendant to going to trial, based on a variance between the affidavit and warrant.
No reversible error Avas committed, by the court in rulings on the…
2Cited by5 opinions
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- Green v. StateCourt of Criminal Appeals of Alabama · 1980
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