Brown v. State
Alabama Court of Appeals
Appeal from Inferior Criminal Court, Madison County; J. W. B. Hawkins, Judge. James F. Brown was convicted of violating the prohibition law, and he appeals. The complaint contained five counts, each charging an offense denounced by the statutes as a violation of the prohibition law. The judgment entry recites: “And the defendant being arraigned in open court upon a complaint for selling liquor, and for his plea thereto says that he is not guilty.”
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Appeal from Inferior Criminal Court, Madison County; J. W. B. Hawkins, Judge. James F. Brown was convicted of violating the prohibition law, and he appeals. The complaint contained five counts, each charging an offense denounced by the statutes as a violation of the prohibition law. The judgment entry recites: “And the defendant being arraigned in open court upon a complaint for selling liquor, and for his plea thereto says that he is not guilty.” The facts seem to be that the defendant lived in Atlanta, Ga., and drove his car to Louisville, Ky., where he purchased quantities of whisky and…
1Opinion of the CourtSamford, J.
[1] The fact that the judgment entry recites that the defendant was tried on a complaint “for selling liquor” does not limit the charge to that offense in a restricted sense, but embraces the various charges in the statutes for a violation of the prohibition laws as set out in the complaint, which in this case embraces all of the charges under the prohibition law, including “keeping for sale.” This court-entertained a different view of the law until the decision of the Supreme Court in Ex parte State (8 Div. 207) 204 Ala. 1, 86 South. 213.
[2-4] The evidence in this case shows that the…
2Cases cited3 opinions
- United States v. GudgerSupreme Court of the United States · 1919
- Maisel v. StateAlabama Court of Appeals · 1919
- Moragne v. StateSupreme Court of Alabama · 1918