Frazier v. State
Supreme Court of Alabama
'Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Petition by the State for the condemnation of an automobile alleged to have been used in illegal transportation of whisky, to which John Frazier was made respondent. From a decree condemning the automobile) respondent appeals.
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'Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Petition by the State for the condemnation of an automobile alleged to have been used in illegal transportation of whisky, to which John Frazier was made respondent. From a decree condemning the automobile) respondent appeals. The evidence showed that the sheriff and .certain other persons found a still in the northern part of Bibb county, and that later on they saw John Frazier there, and that he ran away from the still, but was later caught, and that they found the car in question about a mile away from where the still was, but…
1Per curiam
Section 13 of the aet of' 1919, p. 13, in providing for the seizure and forfeiture of vehicles, says, “which have been or are used for the illegal conveying of prohibited liquors or beverages.” The proof in this case fails to show that the automobile in question had been used or was being used at the time of seizure in illegally conveying liquors or beverages so as to bring it under the forfeiture provision of the statute. The decree of the circuit court is reversed, and one is here rendered dismissing the state’s petition.
Reversed and rendered.
All the Justices concur, except THOMAS, J.} who…
2Cited by6 opinions
- State Ex Rel. Tate v. One Lexington AutomobileSupreme Court of Alabama · 1919
- Carey v. State Ex Rel. AlmonSupreme Court of Alabama · 1921
- Underwood v. StateAlabama Court of Appeals · 1931
- Clements v. State Ex Rel. SanfordSupreme Court of Alabama · 1921
- Carey v. State Ex Rel. AlmonSupreme Court of Alabama · 1921
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