Elder v. State
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Frank Elder was convicted of violating a prohibition law, and he appeals.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Frank Elder was convicted of violating a prohibition law, and he appeals. The act was unconstitutionally passed. — Roberson v. The State, 130 Ala. 164; Bob parte Howard-Harrison Go., 119 Ala. 484; Montgomery B. Whs. v. Gaston, 125 Ala. 425. The act is unconstitutional because violative of section 45 of the Constitution of 1910. — City of Mobile v. L. & N. R. R. Go., 124 Ala. 133; Lindsey v. U. S. Assn., 120 Ala. 156; State v. Davis, 130 Ala. 157; Yahn v. Merritt, 117 Ala. 485; Builders Sup. Go. v. Lucas, 119 Ala. 202; Williams v.…
1Opinion of the CourtDowdell, C. J.
The defendant was convicted on an indictment preferred against him for the violation of the statute approved August 13, 1907 (Gen. Acts 1907, p. 696), entitled “An act to prohibit the sale of hop-jack, hop-tea, hop-weiss, hop-ale, malt tonic, or other beverages, the product of maltose or gencose, at any place where the sale of spirituous, vinous or malt liquors are prohibited by law.” The indictment contained three counts. The third count having been charged out, on the conclusion of the evidence in the case, at the instance and request of the defendant, what we may have to say will have…
2Cases cited6 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Eaves v. StateSupreme Court of Georgia · 1901
- Feibelman v. StateSupreme Court of Alabama · 1900
- State v. O'ConnellSupreme Judicial Court of Maine · 1904
- Lambie v. StateSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Reed v. BD. OF TRUSTEES FOR AL. STATE UNIV.Supreme Court of Alabama · 2000
- Simcala, Inc. v. American Coal Trade, Inc.Supreme Court of Alabama · 2001
- Ex Parte HillSupreme Court of Alabama · 1935
- State v. Fargo Bottling Works Co.North Dakota Supreme Court · 1910
- Aetna Ins. Co. v. Pete Wilson Roofing & Heat. Co., Inc.Supreme Court of Alabama · 1972
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