Dees v. State
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; H. P. Heflin, Judge. W. W. Dees was convicted, and appeals. The defendant was tried on an affidavit containing ten counts, charging in various ways violations of the prohibition laws, and was convicted on counts 1 and 5, and from the judgment he appeals. Counts 1 and 5 were as follows: “First.
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Appeal from Circuit Court, Jefferson County ; H. P. Heflin, Judge. W. W. Dees was convicted, and appeals. The defendant was tried on an affidavit containing ten counts, charging in various ways violations of the prohibition laws, and was convicted on counts 1 and 5, and from the judgment he appeals. Counts 1 and 5 were as follows: “First. That there is probable cause for believing, and affiant does believe, that W. W. Dees, whose name is otherwise unknown to affiant, within 12 months 'before making this affidavit, and subsequent to September 25, 1915, in said county, did manufacture, sell,…
1Opinion of the CourtSamford, J.
[1] Counts 1 and 5 complied with the requirements of the statute and eorrectly charge violations of the prohiI bition law, and the demurrer to these counts I was properly overruled. As no conviction was had on the other counts, it is unnecessary to rule upon them.
[2, 3] The statute (section 32% of the Fuller Bill, Acts 1909, p. 63; and Acts 1915, p. 33, § 32%) authorizes the proof of similarity of liquors sold, kept for sale, etc., and, if the act by its terms did not so provide, the questions and answers would be competent. How else could it be proven, except by an analysis of the stuff…
2Cases cited2 opinions
- Fitzpatrick v. StateSupreme Court of Alabama · 1910
- Bailey v. StateSupreme Court of Alabama · 1909
3Cited by11 opinions
- Eldridge v. StateCourt of Criminal Appeals of Alabama · 1982
- Griggs v. StateAlabama Court of Appeals · 1954
- Ricketts v. StateAlabama Court of Appeals · 1921
- Jones v. StateAlabama Court of Appeals · 1920
- State v. T. J. Mattox Cigar & Tobacco Co.Supreme Court of Alabama · 1918
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