Legal Opinion

Knox v. State

Supreme Court of Alabama

Decided May 19, 1910PublishedCited by 1 opinion

Apeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Knox was convicted of violating tbe prohibition laws, and be appeals. Tbe motion- to quash and tbe demurrer came too late. — Garrett v. The State, 97 Ala. 18; Banna v. Grew 32 South. 822. Tbe court did not err relative to tbe evidence. — By an v. The State, 100 Ala. 94.

1Opinion of the CourtSimpson, J.

The appellant in this case was convicted of the offense of selling spirituous liquors contrary to law. The defendant made a motion to quash the proceedings because, first, “the offense of which defendant was charged was not committed in the presence of the officers making the arrest, except the testimony of B. G. Chew, and that said arrest was made without a warrant;” second, that the commitment was made without affidavit and warrant, and the warrant not procured until after the commitment to prison.

The record shows a regular affidavit and warrant, in due form, on June 29, 1909, an…

2Cases cited3 opinions

  1. Ex parte ThomasSupreme Court of Alabama · 1893
  2. Ex parte HamiltonMississippi Supreme Court · 1887
  3. Pruitt v. StateSupreme Court of Alabama · 1900

3Cited by1 opinion

  1. Morgan v. BairdSupreme Court of Alabama · 1929

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