Williams v. State
Alabama Court of Appeals
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. George Williams was convicted of transporting liquor for another through the streets of a city or town, and he appeals.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. George Williams was convicted of transporting liquor for another through the streets of a city or town, and he appeals. Section 24 of the Fuller Bill is unconstitutional for the reasons pointed out in the demurrer to the indictment. —Edge v. City of Bessemer, 164 Ala. 599; 6 L. R. A. 847; 123 U. S. 661. The indictment was bad as charging different offenses in the alternative, and failing to charge an offense in one alternative. — Raisler v. State, 55 Ala. 64; 'Watson v. State, 140 Ala. 134. Charges 1 and 2 should have been…
1Opinion of the CourtWalker, P. J.
— One of the charges against the defendant (appellant here) was that he “did convey or transport over or along a public street or highway in the town of Wetumpka, Alabama, for another,” prohibited liquors. This charge imported no more than a carriage of prohibited liquor by the defendant for another over or along such street or highway, whether or not there was any intent on the part of the defendant or of the person for whom the liquor was carried to put it to an unlawful use. As the charges were made in the alternative, the defendant sought to support the claim that the complaint failed to…
2Cases cited2 opinions
- Watson v. StateSupreme Court of Alabama · 1903
- Williams v. StateSupreme Court of Alabama · 1913
3Cited by3 opinions
- Long v. StateAlabama Court of Appeals · 1958
- Elliott v. StateAlabama Court of Appeals · 1957
- Hall v. StateAlabama Court of Appeals · 1915