Legal Opinion · Dissent

Pappenburg v. State

Supreme Court of Alabama

Decided June 3, 1914Published

Certiorari to Court of Appeals. Petition of Henry Pappenburg for certiorari to the Court of Appeals, to review and revise the judgment of said court in the case of Henry Pappenburg v. State, 10 Ala. App. 224, 65 South. 418, wherein said court affirms the judgment of the trial court convicting petitioner for transporting prohibited liquors, in violation of section 24 of the Fuller bill. See brief filed in the cause' as' reported in 10 Ala.

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Certiorari to Court of Appeals. Petition of Henry Pappenburg for certiorari to the Court of Appeals, to review and revise the judgment of said court in the case of Henry Pappenburg v. State, 10 Ala. App. 224, 65 South. 418, wherein said court affirms the judgment of the trial court convicting petitioner for transporting prohibited liquors, in violation of section 24 of the Fuller bill. See brief filed in the cause' as' reported in 10 Ala. Ápp. 224, 65 South. 418. See brief filed in the cause as reported in 10 Ala. App. 224, 65 South 418.

1DissentMayfield, J.

(dissenting). — The sole question for decision on this record is whether or not the Tennessee river is a “public highway” within the meaning of that phrase as used in section 24 of the “Fuller Bill” (Acts 1909, p. 63). That section reads as follows: “It shall he unlawful for any person, firm, corporation or association, whether a common carrier or not, to accept from another for shipment, transportation or delivery, or to ship, transport or deliver for another said prohibited liquors or beverages or any of them, when received at one point, place or locality in this state to be shipped or…

2Cases cited7 opinions

  1. Foster v. BlountSupreme Court of Alabama · 1851
  2. Bullock v. WilsonSupreme Court of Alabama · 1835
  3. Mills v. StateSupreme Court of Alabama · 1852
  4. Glass v. StateSupreme Court of Alabama · 1857
  5. Comer v. StateSupreme Court of Alabama · 1878

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