Prestwood v. State
| Decision Date | 27 January 1890 |
| Citation | 7 So. 259,88 Ala. 235 |
| Parties | PRESTWOOD ET AL. v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Covington county; JOHN P. HUBBARD, Judge.
Indictment against James A. Prestwood and Norman McIntosh for unlawfully selling spirituous liquors. Defendants were convicted, and appealed.
W. L. Martin, Atty. Gen., for the State.
The act of February 28, 1881, (Acts 1880-81, p. 148,) prohibits the sale, giving away, or otherwise disposing of any kind of spirituous, vinous, or malt liquors in "beat number two, known as 'Fairfield Beat,' in Covington county." The effect was to establish prohibition as the law of the beat, with the boundaries and area as it was then constituted. If the act had declared the boundaries of the beat it would not have been more definite or fixed in its operation as a rule of civil conduct. The description was certain, because perfectly capable of being rendered certain by record evidence.
It necessarily follows that the commissioners' court had no right to suspend or limit the operation of the law by narrowing the area of the beat. If so, they might entirely repeal it, within their mere discretion, by abolishing the beat. The only power that could repeal or suspend the law was the one by which it had been established, - the general assembly, - in which alone is vested and constitutional authority to make and unmake laws. Ashurst v. State, 79 Ala. 276; Const. Ala. 1875, art. 1, § 22.
The conviction, under the facts stated in the record, was proper, and the rulings of the court were free from error.
Affirmed.
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Warren v. State
...clear, positive, and undisputed. Johnson v. State, 91 Ala. 70 ; Olmstead v. State, 89 Ala. 16 ; Brinson v. State, 89 Ala. 105 ; Prestwood v. State, 88 Ala. 235 Cagle v. State, 87 Ala. 38 ." This decision, however, has been expressly overruled; and those cases cited and claimed to support it......
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Village of American Falls v. West
...the question as to whether Power county should be wet or dry. (Woollen & Thornton, Intox. Liquors, sec. 548, note 25; Prestwood v. State, 88 Ala. 235, 7 So. 259; Oxley v. Allen, 49 Tex. Civ. App. 90, 107 S.W. Ex parte Pollard, 51 Tex.Crim.App. 488, 103 S.W. 878; In re Cunningham, 21 Can. Pr......
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Blanchard v. Gauthier, 47970
...be adopted as a precedent to be followed by all the courts of this State.3 See Higgins v. State, 64 Md. 419, 1 A. 876; Prestwood v. State, 88 Ala. 235, 7 So. 259; Moore v. State, 126 Ga. 414, 55 S.E. 327; Parker v. State, 126 Ga. 443, 55 S.E. 329; Amerker v. Taylor, 81 S.C. 163, 62 S.E. 7; ......
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Hughes v. Parish Council of Parish of East Baton Rouge
...so framed. The authorities would seem to be practically uniform to that effect. See Higgins v. State, 64 Md. 419, 1 A. 876; Prestwood v. State, 88 Ala. 235, 7 So. 259; Moore v. State, 126 Ga. 414, 55 S.E. 327; Parker v. State, 126 Ga. 443, 55 S.E. 329; Amerker v. Taylor, 81 S.C. 163, 62 S.E......