Ricketts v. State
Alabama Court of Appeals
Appeal from. Circuit Court, Madison County; O. Kyle, Judge. Will Ricketts was convicted of violating the prohibition law, and he appeals. The complaint charges the offense practically as set out in the opinion.
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Appeal from. Circuit Court, Madison County; O. Kyle, Judge. Will Ricketts was convicted of violating the prohibition law, and he appeals. The complaint charges the offense practically as set out in the opinion. The demurrers and pleadings raised the question that it is not shown that said offense was committed on or prior to January 17, 1920, and it is not averred that said offense was committed prior to the time when the Eighteenth Amendment became operative, nor prior to the time when the Volstead Act, or Prohibition Enforcement Act No. 66 became effective. 41 Stat. 805. Also it is not…
1Opinion of the CourtSamford, J.
The affidavit charging that the defendant received or had in his possession for sale and sold prohibited beverages, viz. certain liquid drinks as beverages made in imitation of and intended as a substitute for beer, ale, or other alcoholic, spirituous, vinous, or malt liquors in violation of law, etc.
[1] The complaint was demurred to, and, .demurrer being overruled, pleas were filed and demurrers filed to the pleas. The pleadings present three propositions of law:
First: That the National Prohibition Law (41 Stat. 305) had the effect of annulling the state law wherever' the state law did not…
2Cases cited4 opinions
- National Prohibition CasesSupreme Court of the United States · 1920
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Dees v. StateAlabama Court of Appeals · 1917
- Jones v. StateAlabama Court of Appeals · 1920
3Cited by11 opinions
- Powell v. StateAlabama Court of Appeals · 1921
- Crump v. StateAlabama Court of Appeals · 1921
- Griffith v. StateAlabama Court of Appeals · 1927
- Moss v. StateAlabama Court of Appeals · 1922
- Bolin v. StateSupreme Court of Alabama · 1957
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