Griggs v. State
Alabama Court of Appeals
Appeal from Circuit Court, Chambers County; S. L.-Brewer, Judge. Frank Griggs was convicted of violating the prohibition laws, and he appeals. The facts on which the opinion is rested sufficiently appear therefrom. Defendant was indicted under two counts. The fix’st count being demurred to and demurrer sustained was eliminated, and defendant was tried on the second count charging possession of a still, etc. From the judgment of conviction he appeals.
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Appeal from Circuit Court, Chambers County; S. L.-Brewer, Judge. Frank Griggs was convicted of violating the prohibition laws, and he appeals. The facts on which the opinion is rested sufficiently appear therefrom. Defendant was indicted under two counts. The fix’st count being demurred to and demurrer sustained was eliminated, and defendant was tried on the second count charging possession of a still, etc. From the judgment of conviction he appeals. Counsel discuss the is.sues presented by the appeal, but without citation of authority.
1Opinion of the CourtSamford, J.
[1] The second count in the indictment followed the language of the statute, Acts 1919, p. 1086, §' 1, and therefore was not subject to the demurrer interposed.
[2] The evidence to sustain a conviction was obtained, while the officers were making a search of defendant’s premises without a search warrant, and for this reason the evidence of the officers was objected to, and, objection being overruled, exception was reserved. We have recently held that this was not error. Banks v. State (Ala. App.) 93 South. 293. However,. this does not seem to be the rule in the federal court. Gouled v. U. S.,…
2Cases cited11 opinions
- Gouled v. United StatesSupreme Court of the United States · 1921
- Smith v. StateSupreme Court of Alabama · 1876
- Mayberry v. StateSupreme Court of Alabama · 1894
- Holmes v. StateSupreme Court of Alabama · 1893
- Clark v. StateAlabama Court of Appeals · 1921
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wilson v. StateAlabama Court of Appeals · 1924
- State v. RowleySupreme Court of Iowa · 1923
- Brackin v. StateAlabama Court of Appeals · 1943
- Robinson v. StateAlabama Court of Appeals · 1955
- Register v. StateAlabama Court of Appeals · 1922
16 more not listed; retrieve them via the Exa API.