Watson v. State
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Allen Watson was convicted of violating the prohibition law, and he appeals. The question presented is whether the prohibition law of 1909, was superseded by the act known as the Smith Bill, Acts 1911, so far as this case is concerned. Under the former act, the court had authority to sentence for hard labor, under the latter act, no such authority was given for the first offense.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Allen Watson was convicted of violating the prohibition law, and he appeals. The question presented is whether the prohibition law of 1909, was superseded by the act known as the Smith Bill, Acts 1911, so far as this case is concerned. Under the former act, the court had authority to sentence for hard labor, under the latter act, no such authority was given for the first offense. Therefore, the defendant had the right of selecting as to which penalty he would suffer. — Section 7806, Code 1907, and authortiies cited. The…
1Opinion of the CourtPelham, J.
The defendant was prosecuted for violating the prohibition laws on an affidavit dated the 3d day of June, 1911, charging a commission of the offense Avithin 12 months before that date.' The warrant issued on the same day the affidavit Avas sworn out, and the defendant Avas arrested on the 1st day of August and put on his trial on the 28th day of August, 1911. Upon being arraigned, and before entering a plea, the defendant stated that “he elected to take the neAV penalty as provided in section 7806 of the Code.” “It Avas admitted by the state and the defendant that the offense for which the…
2Cases cited7 opinions
- Iverson v. StateSupreme Court of Alabama · 1875
- Parker v. HubbardSupreme Court of Alabama · 1879
- Olmstead v. CrookSupreme Court of Alabama · 1889
- Ex parte Mayor of AnnistonSupreme Court of Alabama · 1890
- Camp v. StateSupreme Court of Alabama · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lovely v. United StatesCourt of Appeals for the Fourth Circuit · 1949