Broglan v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Will Broglan was convicted of violating the prohibition laws, and he appeals. The original affidavit was verified by J. D. Lowe, and the third count charged: “That he had probable cause for believing and did believe that before the finding of this complaint Will Broglan had in his possession or stored or kept for sale spirituous, vinous, or malt liquors contrary to law.”
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Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Will Broglan was convicted of violating the prohibition laws, and he appeals. The original affidavit was verified by J. D. Lowe, and the third count charged: “That he had probable cause for believing and did believe that before the finding of this complaint Will Broglan had in his possession or stored or kept for sale spirituous, vinous, or malt liquors contrary to law.” When the case was called for trial, the court permitted the solicitor to amend his complaint by striking the word “finding” and interlining the word…
1Opinion of the CourtBricken, P. J.
The amendment by the solicitor of the third count of the complaint, upon which the defendant was tried, was unauthorized, and the court erred in allowing the amendment over the objection and exception of defendant. William A. Denham v. State, 86 South. 163; Moore v. State, 165 Ala. 107, 51 South. 357; Echols v. State, 16 Ala. App. 138, 75 South. 814; Ex parte State, 200 Ala. 700, 76 South. 998; Maxwell v. State, 16 Ala. App. 508, 79 South. 269. The third count of the original affidavit was framed under Acts 1915, p. 2, § 3, which statute made it unlawful to have prohibited liquors in one’s…
2Cases cited6 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Echols v. StateAlabama Court of Appeals · 1917
- Moore v. StateSupreme Court of Alabama · 1910
- Denham v. StateAlabama Court of Appeals · 1920
- Ex Parte StateSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Worrell v. StateCourt of Criminal Appeals of Alabama · 1978
- Brasher v. StateAlabama Court of Appeals · 1927
- Brown v. StateAlabama Court of Appeals · 1962
- Green v. StateAlabama Court of Appeals · 1927
- Hayes v. StateAlabama Court of Appeals · 1947
5 more not listed; retrieve them via the Exa API.