McAllister v. State

BRICKEN, Presiding Judge.

The indictment in this case was filed on the 24th day of August, 1939. It charged the defendant (appellant) with the offense of transporting spirituous, vinous or malt liquors in quantities of five gallons or more, contrary to law. Under the Statute, Section 1, Acts of Ala.1927, p. 704, Code 1940, Tit. 29, § 187, the offense charged was a felony.

At the time of the filing, in court, of said indictment, the record shows, and this court judicially knows, that the Honorable Henry B. Foster was Judge of the 6th Judicial Circuit. The record discloses also that said Judge…