Carey v. State Ex Rel. Almon
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by the State of Alabama, on the relation of T. C. Almon, against Walter Carey and others, to condemn an automobile because used in transporting prohibited liquors. From a decree overruling demurrers fo the bill as amended, respondents appeal.
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Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by the State of Alabama, on the relation of T. C. Almon, against Walter Carey and others, to condemn an automobile because used in transporting prohibited liquors. From a decree overruling demurrers fo the bill as amended, respondents appeal. Section 13, Acts 1919, require before condemnation that the conveyance be used to convey prohibited liquors from one point to another, and the statute, being highly penal, must be strictly construed, and, when so construed, the hill as amended fails to show a violation of the law.…
1Opinion of the CourtMiller, J.
The bill of complaint seeks to have condemned and forfeited to the state an automobile under section 13 of an act approved January 25, 1919. Gen. Acts 1919, p. 13.
The bill as amended charges that this automobile was near the station ,of the Louisville & Nashville Railroad, on May 12, 1919, in Decatur, Morgan county, Ala. The defendants brought from the train two suit cases, containing 24 quarts of whisky each, and placed them in the car. Immediately the car and the whisky were seized, and the defendants arrested, by an officer of the law. The car was not moved, after the whisky was placed in…
2Cases cited2 opinions
- Molton v. StateSupreme Court of Alabama · 1894
- Frazier v. StateSupreme Court of Alabama · 1919
3Cited by19 opinions
- Equitable Credit Co. v. State Ex Rel. PerrySupreme Court of Alabama · 1925
- One Chrysler Roadster v. CommonwealthSupreme Court of Virginia · 1929
- Singleton v. StateSupreme Court of Alabama · 1981
- Underwood v. StateAlabama Court of Appeals · 1931
- Armstrong v. State Ex Rel. EmbrySupreme Court of Alabama · 1946
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