Legal Opinion

Floyd v. State

Alabama Court of Appeals

Decided October 24, 1922No. 5 Div. 364PublishedCited by 4 opinions

Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Walter Eloyd. was convicted of violating the prohibition law, and he appeals.

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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Walter Eloyd. was convicted of violating the prohibition law, and he appeals. Count 2 of indictment reads as follows: “The grand jury of said county charge that before the finding of this indictment and more than sixty days since the 30th day of September, 1919, Walter Eloyd did sell, give away, or have in possession a still, apparatus, or appliance or some device or substitute for a still, apparatus, or appliance for the purpose of manufacturing prohibited liquors or beverages, contrary to law, against the peace and dignity of…

1Opinion of the CourtMerritt, J.

[1] The defendant was convicted under an indictment, the first count of which charged that since the 25th dhy of January, 1919, he did distill, make or manufacture, spirituous, malted, or mixed liquors, some part of which was alcohol, and the second charged that the defendant did sell, give away, or have in his possession a still, apparatus, or appliance, or some device or substitute therefor, for the purpose of manufacturing prohibited liquors or beverages. The demurrers to the second count of the indictment were properly overruled. Holloway v. State, ante, p. 392, 92 South. 78; Reese v.…

2Cases cited4 opinions

  1. Griggs v. StateAlabama Court of Appeals · 1922
  2. Rarden v. CunninghamSupreme Court of Alabama · 1902
  3. Reese v. StateAlabama Court of Appeals · 1921
  4. Holloway v. StateAlabama Court of Appeals · 1922

3Cited by4 opinions

  1. Glaze v. StateAlabama Court of Appeals · 1924
  2. Stover v. StateAlabama Court of Appeals · 1953
  3. Gipson v. StateAlabama Court of Appeals · 1926
  4. Rutherford v. StateAlabama Court of Appeals · 1939

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