Conway v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. Luke Conway was convicted of violating the prohibition law, and he appeals. The indictment charges that Luke Conway distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages a part of which was alcoholic, siuce January 25, 1919, against the peace and dignity, etc.
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Appeal from Circuit Court, Marshall County ; W. W. Harralson, Judge. Luke Conway was convicted of violating the prohibition law, and he appeals. The indictment charges that Luke Conway distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages a part of which was alcoholic, siuce January 25, 1919, against the peace and dignity, etc. The demurrers raised the proposition that the indictment is not equivalent to a charge that the defendant after January 25, 1919, and before the finding of the indictment, distilled or manufactured liquors or beverages containing…
1Opinion of the CourtMerritt, J.
The questions raised by demurrers to the indictment and by the plea in abatement have been decided adversely to the appellant in the case of Lang v. State, 206 Ala. 58, 89 South. 166, and ante, p. 88, 89 South. 164.
[1] The court properly refused to permit the witness Hyde to answer the following question:
“Who was it that told you there was a still being operated up there by the defendant at any time prior to the time you went there?”
In addition to being otherwise objectionable, it assumes as a fact that some one had given witness this information, when no such fact is disclosed by the…
2Cases cited2 opinions
- Lang v. StateAlabama Court of Appeals · 1921
- Lang v. StateSupreme Court of Alabama · 1921
3Cited by2 opinions
- Melton v. StateAlabama Court of Appeals · 1926
- Melton v. StateAlabama Court of Appeals · 1926