State v. Warford
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. John Moore. The indictment in this case charged appellee with a violation of a liquor prohibition law embraced in an amendment to the charter of the Southern University at Greensboro, Alabama, by an act of the General Assembly approved February 17th, 1885. — Acts 1884-85, p. 740. Defendant demurred to the indictment. The court sustained the demurrer and the State appealed.
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Appeal from Hale Circuit Court. Tried before Hon. John Moore. The indictment in this case charged appellee with a violation of a liquor prohibition law embraced in an amendment to the charter of the Southern University at Greensboro, Alabama, by an act of the General Assembly approved February 17th, 1885. — Acts 1884-85, p. 740. Defendant demurred to the indictment. The court sustained the demurrer and the State appealed. The grounds of demurrer and reasoning in support thereof will be found in the brief of counsel for appellee. The defendant demurred to the indictment upon the ground inter…
1Opinion of the CourtStone, C. J.
The question presented by this record is the same as that raised and considered in Wilkinson v. Ketler, 59 Ala. 306. We have no wish to change the ruling then made. — Blake v. Brackett, 47 Maine, 28; Cooley Const. Lim. *151-2.
Reversed, demurrer to indictment overruled, and cause remanded.
SOMERYILLE, J.
If the rule declared in Wilkinson v. Ketler, 59 Ala. 306, were under consideration by us for the first time, I should hesitate before giving my indorsement to it. But ten years have now elapsed since that case was decided, and the opinion has, no doubt, been acted on by the General Assembly in…
2Cases cited1 opinion
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
3Cited by11 opinions
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Harper v. StateSupreme Court of Alabama · 1895
- Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933
- Columbia Wire Co. v. BoyceCourt of Appeals for the Seventh Circuit · 1900
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
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