Brannon v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Harry Brannon ivas convicted of violating the prohibition law, and he appeals. The indictment charges that the defendant sold spirituous, vinous, or malt liquors without license and contrary to law. The demurrers were that the indictment charges no offense, and ivas predicated upon a statute ivhich did not exist at the time the indictment Avas returned or at the time when the alleged offense was committed.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Harry Brannon ivas convicted of violating the prohibition law, and he appeals. The indictment charges that the defendant sold spirituous, vinous, or malt liquors without license and contrary to law. The demurrers were that the indictment charges no offense, and ivas predicated upon a statute ivhich did not exist at the time the indictment Avas returned or at the time when the alleged offense was committed. The form of indictment Avas not appropriate as it charged the sale Avas Avithout license when no license was permissible…
1Opinion of the CourtPelham, J.
The defendant Avas indicted and convicted for selling prohibited liquors Avithout a license, and contrary to law. The indictment Avas returned at the fall term of the court, on November 30, 1910. The proof showed the offense to have been committed in the fall of 1910, and within a year before the indictment Avas returned. The state-Avide prohibition laAvs had been in force for more than a year before- the indictment was found. Clearly the indictment was intended to charge a violation of the prohibition laws. The indictment charges an offense against the prohibition laws.—Fuller Bill, Acts…
2Cases cited3 opinions
- Olmstead v. StateSupreme Court of Alabama · 1889
- Scott v. StateAlabama Court of Appeals · 1912
- Mitchell v. StateSupreme Court of Alabama · 1904