Legal Opinion

Fitzpatrick v. State

Supreme Court of Alabama

Decided July 6, 1910PublishedCited by 33 opinions

Violating Prohibition Law. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Dink Fitzpatrick ivas convicted for violating the prohibitory liquor law, and he appeals.

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Violating Prohibition Law. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Dink Fitzpatrick ivas convicted for violating the prohibitory liquor law, and he appeals. Omitting the formal heading the affidavit is as follows : “Says that he has probable cause for believing, and does believe, that Dink Fitzpatrick, alias Will Fitzpatrick, within twelve months before making this affidavit in said county, and since August 25, 1909, sold or offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law, or maintained an unlawful…

1Opinion of the CourtDowdell, C. J.

The appeal in this case is pros-

ecuted from a judgment of conviction in the city court of Bessemer for a violation of the prohibition law. The cause was tried on affidavit and warrant taken out be*4fore the Honorable William Jackson, judge of the city court of Bessemer, resulting in a verdict of guilty by the jury, and judgment thereon by the court.

A demurrer containing several stated grounds, interposed to the “affidavit and warrant,” was overruled. Motion also to quash the affidavit was made and overruled, but, as the bill of exceptions fails to show any exception reserved to this action of…

2Cases cited2 opinions

  1. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  2. Bailey v. StateSupreme Court of Alabama · 1909

3Cited by33 opinions

  1. Fiorella v. City of BirminghamAlabama Court of Appeals · 1950
  2. Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
  3. Jefferson County v. BusbySupreme Court of Alabama · 1933
  4. State v. PraetoriansSupreme Court of Alabama · 1933
  5. State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933

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