Carey v. State Ex Rel. Almon
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by the State of Alabama, on the relation of T. C. Almon, against Walter Carey and others, to condemn an automobile because used in transporting prohibited liquors. From a decree overruling demurrers fo the bill as amended, respondents appeal.
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Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by the State of Alabama, on the relation of T. C. Almon, against Walter Carey and others, to condemn an automobile because used in transporting prohibited liquors. From a decree overruling demurrers fo the bill as amended, respondents appeal. Section 13, Acts 1919, require before condemnation that the conveyance be used to convey prohibited liquors from one point to another, and the statute, being highly penal, must be strictly construed, and, when so construed, the hill as amended fails to show a violation of the law.…
1DissentGardner, J.
Notwithstanding the bill alleges that the defendants, who owned and were in possession of the automobile, placed two suitcases,- containing 24 quarts of whisky each, in the car, which was to be used, and which the defendants intended to use, for the purpose of illegally conveying said whisky from one point in Morgan county to another point therein, yet the majority opinion holds that the bill was subject to demurrer and states no cause for condemnation for the sole reason that it did not appear the car had moved.
The case of Frazier v. State, 203 Ala. 276, 82 South. 526, is cited, but in that…
2Cases cited3 opinions
- Molton v. StateSupreme Court of Alabama · 1894
- State v. MerrillSupreme Court of Alabama · 1920
- Frazier v. StateSupreme Court of Alabama · 1919