Cheek v. State ex rel. Metcalf
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Proceedings by the state of Alabama on the relation of W. L. Metcalf against F. C. Cheek, for a search and seizure of prohibited liquors, as provided by the Fuller Bill. From a judgment condemning the liquors, the claimant Cheek appeals. The court ■erred in overruling the motion to quash the affidavit.— Acts 1909, p. 74. The court erred in admitting testimony of the witness Chew.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Proceedings by the state of Alabama on the relation of W. L. Metcalf against F. C. Cheek, for a search and seizure of prohibited liquors, as provided by the Fuller Bill. From a judgment condemning the liquors, the claimant Cheek appeals. The court ■erred in overruling the motion to quash the affidavit.— Acts 1909, p. 74. The court erred in admitting testimony of the witness Chew. Counsel discuss other assignments of error relative to evidence, but without citation of authority. They further insist that the house known as the…
1Opinion of the Court
be GRAFFENRIED, J.
One Metcalf, on the 15th day of April, 1911, under the provisions of section 22 of an act of the Legislature approved August 25, 1909, and entitled “An act to further suppress the evils of intemperance,” etc. (General and Local Acts Alabama, Special Session 1909, p. 74), made an affidavit before E. C. Crow, judge of the circuit court of Jefferson county, charging that “Fred Cheek keeps a place where spirituous, vinous or malt liquors or beverages are kept for sale or otherwise disposed of contrary to law, known as the Olympian Hotel,” etc. Thereupon a *648search warrant was…
2Cases cited2 opinions
- Toole v. StateSupreme Court of Alabama · 1910
- Allison v. StateAlabama Court of Appeals · 1911
3Cited by9 opinions
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- Lovett v. StateAlabama Court of Appeals · 1941
- Porch v. StateAlabama Court of Appeals · 1956
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