Graham v. State
| Decision Date | 20 May 1969 |
| Docket Number | 8 Div. 216 |
| Citation | 224 So.2d 905,45 Ala.App. 79 |
| Parties | Bryce U. GRAHAM v. STATE. |
| Court | Alabama Court of Appeals |
Bryce U. Graham, pro se.
MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.
Appellant legally bought whiskey in the wet county of Madison. He took it to his home in the dry county of Colbert. He was arrested and convicted under Code 1940, T. 29, Sec. 98. Prior decisions compel that we affirm his conviction.
Local option is permissible State action under the Fourteenth Amendment. Rippey v. Texas, 193 U.S. 504, 24 S.Ct. 516, 48 L.Ed. 767; Lloyd v. Dollison, 194 U.S. 445, 24 S.Ct. 703, 48 L.Ed. 1062; and Eberle v. Michigan, 232 U.S. 700, 34 S.Ct. 464, 58 L.Ed. 803.
We do not consider that Code 1940, T. 13, Sec. 95, requires us to be bound by the single, separate, specially concurring opinion of Mr. Justice Brown in Holt v. State, 238 Ala. 2, 193 So. 89. The majority opinion therein does require that we affirm the judgment below. See also Williams v. State, 28 Ala.App. 73, 179 So. 915 (11); and Casmus v. Lee, 236 Ala. 396, 183 So. 185, 118 A.L.R. 822.
The judgment of the Law and Equity Court is hereby Affirmed.
To continue reading
Request your trial
-
Philly's v. Byrne
...Supervisors, 322 F.2d 332, 342 and n. 25 (4th Cir.1963), rev'd, 377 U.S. 218, 84 S.Ct. 1226, 12 L.Ed.2d 256 (1964); Graham v. State, 45 Ala.App. 79, 224 So.2d 905 (1969), app. dismissed, 396 U.S. 279, 90 S.Ct. 567, 24 L.Ed.2d 466 (1970); McDonald v. Brewer, 295 F.Supp. 1135, 1139 (N.D.Ala.1......
-
Welden v. State
...244, 291 So.2d 331; Clark v. State, 53 Ala.App. 495, 301 So.2d 258; Johnston v. State, 54 Ala.App. 100, 304 So.2d 918; Graham v. State, 45 Ala.App. 79, 224 So.2d 905. Where there is a reasonable inference to prove the existence of the corpus delicti, the Court must submit to the jury for co......
-
GRAHAM v. ALABAMA
...U.S. 279 GRAHAM v. ALABAMA APPEAL FROM THE COURT OF APPEALS OF ALABAMA No. 738. Decided January 12, 1970 45 Ala. App. 79, 224 So.2d 905, appeal dismissed and certiorari denied. Truman Hobbs for appellant. MacDonald Gallion, Attorney General of Alabama, and David W. Clark and Lloyd G. Hart, ......
-
Graham v. State, 8 Div. 369
...Petition of Bryce U. Graham for certiorari to the Court of Appeals to review and revise the judgment and decision in Graham v. State, 45 Ala.App. 79, 224 So.2d 905. Writ SIMPSON, COLEMAN and BLOODWORTH, JJ., concur. ...