Clements v. State Ex Rel. Sanford
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; J. P. Agee, Judge. Bill by the State of Alabajna, on the relation of J. B. Sanford, against W. E. Clements and one Ford automobile, to condemn said automobile because used ifi illegally transporting prohibited liquors. From a decree for condemnation, defendants appeal.
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Appeal from Circuit Court, Calhoun County; J. P. Agee, Judge. Bill by the State of Alabajna, on the relation of J. B. Sanford, against W. E. Clements and one Ford automobile, to condemn said automobile because used ifi illegally transporting prohibited liquors. From a decree for condemnation, defendants appeal. The provisions of Acts 1919, p. 6, does not authorize the conclusion reached in the Merrill Case reported in 203 Ala. 686, 85 South. 28. Words of the statute must be taken in their ordinary sense in arriving at the intention of the Legislature. 146 Ala. 198, 40 South. 205, 3 L. R. A.…
1Opinion of the CourtThomas, J.
It is conceded by counsel for appellant that if the decision in State v. Merrill, 203 Ala. 686, 85 South. 28, is a correct definition of an illegal conveying of prohibited liquors, the judgment of the circuit court must be affirmed; otherwise stated, since the statute does not define an unlawful carrying of prohibited liquors, such words of the statute have no meaning and can be given no effect.
The statute defines what is an unlawful receipt or keeping for sale (Gen. Acts 1915, § 4, p. 9; Maisel v. State, 17 Ala. App. 12, 81 South. 348), unlawful possession (State v. Crosswhite, 203 Ala. 586,…
2Cases cited16 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Maisel v. StateAlabama Court of Appeals · 1919
- State v. HughesSupreme Court of Alabama · 1919
- Bowling v. StateSupreme Court of Alabama · 1920
- Maples v. StateSupreme Court of Alabama · 1919
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3Cited by1 opinion
- Jackson v. StateSupreme Court of Alabama · 1948