Oldacre v. State
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Boss Oldaere was convicted of violating the prohibition law, and he appeals. The second count of the complaint charges that defendant, since October 1, 1915, and before the making of this affidavit, in this county, had in his possession at one time more than two quarts of spirituous liquor, against the peace and dignity of the state of Alabama.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Boss Oldaere was convicted of violating the prohibition law, and he appeals. The second count of the complaint charges that defendant, since October 1, 1915, and before the making of this affidavit, in this county, had in his possession at one time more than two quarts of spirituous liquor, against the peace and dignity of the state of Alabama. The following are the charges refused to defendant: (1) Unless you are convinced beyond all reasonable doubt that defendant had the liquor i® his possession for sale, or for some…
1Opinion of the CourtBrown, P. J.
[1] The defendant was convicted of having in his possession at one time more than two quarts of spirituous liquors, “as charged in the second count” of the complaint. This was an acquittal of the charges embodied in the first count, and the rulings of the court as to this count are not presented for review. Brewer v. State, 83 Ala. 113, 3 South. 816, 3 Am. St. Rep. 693.
[2] The contention of the appellant that it was not a violation of the law for the defendant to have in his possession more than one-half gallon of spirituous liquor was without merit. Acts 1915, p. 44, § 12; O’Rear v. State,…
2Cases cited4 opinions
- Moragne v. StateAlabama Court of Appeals · 1917
- O'Rear v. StateAlabama Court of Appeals · 1916
- Brewer v. StateSupreme Court of Alabama · 1887
- Howard v. StateAlabama Court of Appeals · 1916
3Cited by17 opinions
- Ammons v. StateAlabama Court of Appeals · 1924
- Maisel v. StateAlabama Court of Appeals · 1919
- Fair v. StateAlabama Court of Appeals · 1917
- Spelce v. StateAlabama Court of Appeals · 1920
- Harbin v. StateAlabama Court of Appeals · 1923
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