Banks v. State
Alabama Court of Appeals
Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Mary Banks was convicted of violating the prohibition law, and she appeals. A search made without a proper search warrant is illegal and unauthorized, when made without the consent of the occupant of the premises, and evidence thus obtained is not admissible. Sections 5 and 6, Const. 1901; articles 4 and 5 of Amendments, U. S. Const.; 182 Ala. 475, 62 South. 77, Ann.
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Appeal from Circuit Court, Russell County; J. S. Williams, Judge. Mary Banks was convicted of violating the prohibition law, and she appeals. A search made without a proper search warrant is illegal and unauthorized, when made without the consent of the occupant of the premises, and evidence thus obtained is not admissible. Sections 5 and 6, Const. 1901; articles 4 and 5 of Amendments, U. S. Const.; 182 Ala. 475, 62 South. 77, Ann. Cas. 1915D, 436; 34 Ala. 216; 219 U. S. 219, 31 Sup. Ct. 145, 55 L. Ed. 191; 116 U. S. 616, 6 Sup. Ct. 524, 29 L.-Ed. 746 ; 232 U. S. 383, 34 Sup. Ct. 341, 58 L.…
1Opinion
Mr. Freeman classifies the rules for the introduction of evidence into groups: (1) Those based upon the probative value of the evidentiary fact being considered; (2) those designed to improve the quality of the proof dependant upon such fact, "strengthening the probability of success in the ascertainment of the truth of the matter"; (3) those "which limit and restrict the search after truth:" — and accepted them as "less harmful to the ulterior interests of society at large than would be the failure of such investigation, if success cannot be attained without jeopardizing those interests."
It…
2Cases cited97 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
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