Roberson v. State
Alabama Court of Appeals
Appeal from Circuit Court, Marshall County; W. "W. Harralson, Judge. Sam Roberson was convicted of manufacturing prohibited liquors, and he appeals.
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Appeal from Circuit Court, Marshall County; W. "W. Harralson, Judge. Sam Roberson was convicted of manufacturing prohibited liquors, and he appeals. The indictment reads: “Sam Roberson distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcoholic, since January 15, 1919.” The indictment was demurred to as follows: Does not conform to the requirements of the Prohibition Act of 1919 (Laws 1919, p. 6); does not allege by what means defendant made or manufactured said liquor; does not avqr that alcohol constituted a part of the…
1Opinion of the CourtBrj.cken, P. J.
The insistence of the defendant that the indictment is void, and the conviction and sentence is coram non judice, because of the improper formation of the grand jury, has-been decided adversely to the contention of the defendant in the case of Bob Lang v. State (8 Div. 740) ante, p. 88, 89 South. 164, where the identical question was presented.
[1] The demurrers to the indictment were properly overruled; the objections to the indictment raised by the demurrers were hypercritical.
[2] The most damaging testimony in connecting the defendant with the operating of the still was the fact that he was…
2Cases cited3 opinions
- Crawley v. StateAlabama Court of Appeals · 1918
- King v. StateAlabama Court of Appeals · 1917
- Lang v. StateAlabama Court of Appeals · 1921
3Cited by1 opinion
- Hodge v. StateAlabama Court of Appeals · 1922