Hendrix v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Peter Hendrix was convicted of violating the prohibition law, and he appeals. No time ’was shown as to when the offense was committed, this was a material matter, and entitled defendant to the affirmative charge. — Holly v. State, 63 S’outh. 738; Doss v. State, 61 South. 478. Although the Supreme Court has power to make rules, it cannot do so contrary to the statutes.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Peter Hendrix was convicted of violating the prohibition law, and he appeals. No time ’was shown as to when the offense was committed, this was a material matter, and entitled defendant to the affirmative charge. — Holly v. State, 63 S’outh. 738; Doss v. State, 61 South. 478. Although the Supreme Court has power to make rules, it cannot do so contrary to the statutes. The rule relative to time and venue is found in sections 7139-40, Code 1907. Rule 35 is evidently contrary to these sections.
1Opinion of the CourtThomas, J.
The evidence for the state tended to show that the defendant sold the state’s witness Nelson Dubose a pint of whisky on the streets of Clayton in the county of the prosecution, ‘ on a Saturday, but what month and year, and whether before or after the finding *208of the indictment, the bill of exceptions, which purports to set out all the evidence, fails anywhere to disclose.
It* is incumbent on the state to prove that the offense was committed within 12 months before the finding of the indictment. — Code, § 7139, and cases there cited. Failing therein, as it did here, the defendant was entitled to…
2Cases cited1 opinion
- Doss v. StateAlabama Court of Appeals · 1913
3Cited by10 opinions
- Cox v. StateCourt of Criminal Appeals of Alabama · 1991
- Ray v. StateAlabama Court of Appeals · 1918
- Thompson v. StateAlabama Court of Appeals · 1931
- Webb v. StateAlabama Court of Appeals · 1923
- Ray v. StateAlabama Court of Appeals · 1932
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