Hall v. State
| Decision Date | 11 June 1925 |
| Docket Number | 8 Div. 715 |
| Parties | HALL v. STATE ex rel. BRICKELL. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Madison County; James E. Horton, Jr. Judge.
Proceeding by the State, on the relation of Robert C. Brickell, Deputy Solicitor, to condemn a Ford automobile used in the unlawful transportation of prohibited liquors, in which A.H. Hall and another interposed their claims. From a decree of condemnation, claimant A.H. Hall appeals. Affirmed.
Rayburn Wright & Rayburn, of Guntersville, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
This is a proceeding, instituted by the solicitor of the eighth judicial circuit, through his deputy for Madison county, to have condemned one Ford touring car on the ground it had been used in illegally and unlawfully conveying prohibited liquors from one point in this state to another point within the state, and in Madison county, within the last two days before the filing of the bill of complaint, which was filed on March 28, 1924.
The car when seized was in possession of J.Ed. Hall, the 26-year of old son of claimant, Alfred H. Hall. Alfred H. Hall, as owner of the car, filed claim to it, and Butler Bros. as vendors and mortgagees filed claim to it also.
The court by decree held the state was entitled to the relief it seeks, disallowed the claims of the claimants, ordered the car condemned and sold, and the proceeds of the sale divided as the statute provides. Alfred H. Hall appeals from this decree, and assigns it as error.
Appellant insists the car was improperly condemned and ordered sold by the trial court, because there is no evidence that it had been used in Madison county unlawfully to convey prohibited liquors from one point to another point in this state in that county.
The petitioner avers under oath that this car was so used "within said county of Madison, state of Alabama, within the last two days before the filing of this bill." Neither the defendant nor the claimant put this fact in issue; neither of them deny it in their pleading. There was proof that this car was being run "on the public highway coming from Marshall county towards Huntsville." J.E Hall and H.C. Thompson were in the car at the time. J.E. Hall passed through New Hope going in the direction of Huntsville a deputy followed him about six miles, and there was a liquid running out of the car that "smelt like whisky." The deputy sheriff then stopped the car, found two broken fruit jars with whisky in the caps of the jars and a rubber mat in the car soaked with whisky, and there was some whisky in the bottom of the jars. J.E. Hall drove the car under the direction of the deputy sheriff to Huntsville, where it was placed in the custody of the sheriff at the jail. When the car was seized it was running on a public road leading from New Hope, an incorporated town, to Huntsville, another incorporated town, the county seat of Madison county, and it had prohibited liquors in it. These towns we judicially know are located in Madison county, and from the proof it is clear the car when seized...
To continue reading
Request your trial
-
Barbee v. State, 6 Div. 458
...Ensley "to do an estimate on a car." This Court takes judicial knowledge and notice that Ensley is in Jefferson County. Hall v. State, 213 Ala. 325, 104 So. 826 (1925); Howard v. State, 172 Ala. 402, 55 So. 255 (1911); May v. State, 22 Ala.App. 239, 114 So. 423 (1927). He gave the defendant......
-
Stokes v. State
...v. State, 162 Ala. 30, 32, 50 So. 345 (1909). This Court can take judicial notice that Excel is in Monroe County. Hall v. State, 213 Ala. 325, 104 So. 826 (1925); Dupree v. State, 148 Ala. 620, 42 So. 1004 (1907); Boardman v. Ewing, 3 Stew & P. 293 (Ala.1833); Barney v. State, 5 Ala.App. 30......
-
Cowart v. State, 1 Div. 663
...378, 384 (Ala.Cr.App.), cert. denied, 372 So.2d 384 (Ala.1979); Barbee v. State, 395 So.2d 1128, 1131 (Ala.Cr.App.1981); Hall v. State, 213 Ala. 325, 104 So. 826 (1925); May v. State, 22 Ala.App. 239, 114 So. 423 (1927). This court takes judicial notice that Mobile is in Mobile County. Ther......
-
Pogue v. State
...address as "P.O. Box 446, Millport." This Court can take judicial notice of the fact that Millport is in Lamar County. Hall v. State, 213 Ala. 325, 104 So. 826 (1925). In Bufford v. State, 382 So.2d 1162, 1172-73 (Ala.Cr.App.), cert. denied, 382 So.2d 1175 (Ala.1980), this Court held that t......