Legal Opinion

Brooms v. State

Alabama Court of Appeals

Decided August 1, 1916PublishedCited by 7 opinions

Appeal from Coffee Circuit Court. Heard before Hon. J. S. Williams. (On application of the state this cause was reviewed by the Supreme Court, and was affirmed. See Ex parte State in re. Brooms, 197 Ala. 419, 73 South. 35.) Hugh Brooms was convicted of violating the prohibition law and he appeals.

1Opinion of the Court

PELHAM, P. J. —

The defendant was tried under an indictment containing but a single count, charging in the usual form that the defendant was guilty of a violation of the prohibition laws in having “sold, offered for sale, kept-for sale, or otherwise disposed of spirituous, vinous, or malt liquors.” But one conviction could have been had under the single count in the indictment charging different violations of prohibition laws in the alternative (Moss v. State, 3 Ala. App. 189, 58 South. 62), and the trial court was in error in refusing and overruling the defendant’s motion, made at the…

2Cases cited4 opinions

  1. Arrington v. StateAlabama Court of Appeals · 1915
  2. Barefield v. StateAlabama Court of Appeals · 1916
  3. Moss v. StateAlabama Court of Appeals · 1912
  4. Arrington v. StateSupreme Court of Alabama · 1915

3Cited by7 opinions

  1. Brown v. StateAlabama Court of Appeals · 1967
  2. Herring v. StateAlabama Court of Appeals · 1917
  3. Joyner v. StateAlabama Court of Appeals · 1917
  4. Collier v. StateAlabama Court of Appeals · 1918
  5. Craft v. StateCourt of Criminal Appeals of Alabama · 1981

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