Hall v. State

CourtAlabama Court of Appeals
Citation67 So. 714,12 Ala.App. 210
Docket Number158
PartiesHALL v. STATE.
Decision Date21 January 1915

67 So. 714

12 Ala.App. 210


No. 158

Court of Appeals of Alabama

January 21, 1915

Appeal from Circuit Court, Autauga County; W.W. Pearson, Judge.

Irvin Hall was convicted of violating the prohibition law, and he appeals. Affirmed. [67 So. 715.]

P.E. Alexander and Gipson & Booth, all of Prattville, and Hill, Hill, Whiting & Stern, of Montgomery, for appellant.

R.C. Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.


The second count of the indictment charges an offense under the provisions of the statutes regulating handling prohibited beverages (Acts 1909, pp. 86, 87, § 24), and demurrers to this count were properly overruled. Williams v. State, 7 Ala.App. 124, 62 So. 294; Williams v. State, 8 Ala. App. 394, 62 So. 371.

In prosecutions for a violation of the liquor laws it is not necessary to set out in the indictment the name of the person to whom a gift or sale of the prohibited liquor was made, or for whom conveyed or transported. Acts 1909, pp. 86, 87, § 24. See Grace v. State, 1 Ala.App. 211, 56 So. 25.

While the evidence as set out in the bill of exceptions contained in the transcript is somewhat confusing in parts, as well as contradictory, there was sufficient evidence of the guilt of the defendant of the offense charged [12 Ala.App. 212] against him to submit that question to the jury. In one part of the bill of exceptions it is recited that the defendant himself testified that, in addition to the barrel of beer, he had whisky in the wagon, and, while specifically claiming the beer as his own, no such claim was made with respect to the whisky; nor did the defendant deny the testimony of the state's witnesses to the effect that the defendant had told them that he was hauling the whisky for another.


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5 cases
  • The State v. Padgett
    • United States
    • United States State Supreme Court of Missouri
    • December 20, 1926
    ...done or the initial or terminal points of the transportation need be stated. [State v. Cardwell, 279 S.W. 99, and cases, p. 100; Hall v. State, 12 Ala.App. 210; Commonwealth v. Waters, 11 Gray (Mass.), Smith v. McNulty, 186 N.W. 543 (Nebr.) ; State v. Arnold, 80 S.C. 383; Ramsey v. State, 2......
  • State v. Padgett
    • United States
    • United States State Supreme Court of Missouri
    • December 20, 1926
    ...or terminal points of the transportation, need be stated. State v. Cardwell (Mo. Sup.) 279 S. W. 99, and cases, page 100; Hall v. State, 12 Ala. App. 210, 67 So. 714; Corn. v. Waters, 11 Gray (Mass.) 81; Smith v. McNulty, 107 Neb. 505, 186 N. W. 543; State v. Arnold, 80 S. C. 383, 61 S. E. ......
  • McNeil v. State
    • United States
    • Supreme Court of Arkansas
    • July 10, 1916
  • Porter v. State
    • United States
    • Alabama Court of Appeals
    • September 7, 1916
    ...defining it. Manson & Franklin v. State, 42 Ala. 543. A similar complaint to count 7 was held to be good by this court in Hall's Case, 12 Ala.App. 210, 67 So. 714. count is also invulnerable against the attack of the demurrers interposed. Count numbered 8 was drawn under section 12 of what ......
  • Request a trial to view additional results

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