Overton v. State

The indictment in this case was for the alleged violation of the so-called “five-gallon law,” and was framed under the provisions of an act of the Legislature approved September 6, 1927 (Gen. Acts 1927, p. 704). Said act is entitled: “An Act to prohibit the transportation of any of the liquors or beverages, the sale or possession, or transportation of which is now prohibited by law in Alabama, in quantities of five gallons or more, and to fix a penalty therefor.” The penalty provided is imprisonment in the penitentiary for not less than one year, nor more than five years. Thus the violation…