Legal Opinion

Preist v. State

Alabama Court of Appeals

Decided June 19, 1912PublishedCited by 15 opinions

Appeal from Barbour Circuit Court. Heard before Hon. Mike Sollie. Will Preist was convicted of violating the prohibition law and be appeals.

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Appeal from Barbour Circuit Court. Heard before Hon. Mike Sollie. Will Preist was convicted of violating the prohibition law and be appeals. All property is equally sacred in view of tbe Constitution, and in prohibition statutes, it is the abuse or misuse which constitutes the mischief. — Eidge v. City of Bessemer, 164 Ala. 599; Vernon v. The State, 161 Ala. 83. There was no holding or possession or detention in this case. — Cal. 254. The defendant is guilty of no offense under the laws of Alabama unless it be a violation of the Carmichael or Fuller Acts, and under the indictment he cannot be…

1Opinion of the Court

PELHAM, J. —

The defendant was convicted for violating the prohibition laws. The indictment charged that the defendant sold, offered for sale, kept for sale, or otherwise disposed of, spirituous, vinous, or malt liquors. The proof was that eight casks of beer had been shipped by boat to the defendant from Florida; and, while they were in the warehouse on the river at Eufaula, Ala., addressed or marked to “W. E. Priest, Eufaula, Ala.,” the defendant, Priest, sent a note, signed by him, to one Mercer, who ran a public dray line in Eufaula, directed to the wharfman, one Owens, instructing Owens…

2Cases cited7 opinions

  1. Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
  2. Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
  3. Davis & Co. v. ThomasSupreme Court of Alabama · 1908
  4. Walton v. StateSupreme Court of Alabama · 1878
  5. Mayor of Wetumpka v. WinterSupreme Court of Alabama · 1857

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Palmer v. StateCourt of Criminal Appeals of Alabama · 1975
  2. McDonald v. StateAlabama Court of Appeals · 1947
  3. Martin v. WattsSupreme Court of Alabama · 1987
  4. Balfe v. PeopleSupreme Court of Colorado · 1919
  5. Johns v. StateAlabama Court of Appeals · 1915

10 more not listed; retrieve them via the Exa API.

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