Howard v. State
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. J. J. CURTIS. Tom Howard was convicted of violating the prohibition law, and he appeals. Omitting formal charging part, the affidavit is as follows: That within twelve months before the making of this affidavit Tom Howard sold, offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law.
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Appeal from Walker Law and Equity Court. Heard before Hon. J. J. CURTIS. Tom Howard was convicted of violating the prohibition law, and he appeals. Omitting formal charging part, the affidavit is as follows: That within twelve months before the making of this affidavit Tom Howard sold, offered for sale, or kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors, contrary to law. (4) Within twelve months before making this affidavit and since January 27, 1915, Tom Howard received or accepted for delivery of or possessed at one time more than one-half gallon of spirituous…
1Opinion
ON REHEARING.(6) The appellant’s contention on the trial was that only two quarts of the liquor belonged to him, and that the other liquors found in his suit case belonged to others and were put in his suit case without his knowledge or consent, and appellant’s evidence tended to sustain this theory. The contention of the state was that all the liquors were carried by the defendant and were in his possession when he was arrested, and evidence was offered to sustain this theory. If only two quarts of whisky belonged to the defendant and this was all he had in his possession, its possession was…
2Cases cited1 opinion
- Connolly v. WarrenMassachusetts Supreme Judicial Court · 1870