Salley v. State

Decision Date15 January 1914
Citation9 Ala.App. 82,64 So. 185
PartiesSALLEY v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Lowndes County; A.E. Gamble, Judge.

Proceedings by the State against J.M. Salley for the discovery and seizure of intoxicating liquors illegally kept for sale. Judgment of forfeiture, and Salley appeals. Affirmed.

The affidavit is as follows: "State of Alabama, Lowndes County. Before me, J.M. Williams, a justice of the peace in and for said state and county, personally came J.A. Coleman who being by me duly sworn, says on oath that he has probable cause for believing and does believe that J.M. Salley keeps a place where spirituous, vinous or malt liquors are sold, kept for sale, or otherwise disposed of contrary to law; that said place where said spirituous, vinous or malt liquors are sold kept for sale, or otherwise disposed of contrary to law, is described as follows: One small new house situated about 40 or 50 feet in the rear of the kitchen of J.M. Salley, and about 20 feet from the lane running between the residence of J.M. Salley and Mr. A.B. Brown. Affiant further states that he has probable cause for believing and does believe that there is stored in said place above described spirituous vinous or malt liquors for sale, delivery or distribution contrary to law or for other illegal purposes. Affiant further states that a more specific description of said spirituous, vinous or malt liquors which are sold, kept for sale, or otherwise disposed of contrary to law, or for other illegal purposes in said place above described, is not obtainable."

The warrant is as follows: "State of Alabama, Lowndes County. To the Sheriff of said County: Proof by affidavit having this day been made before me by J.A. Coleman that he has probable cause for believing, and does believe, that J.M Salley keeps a place where spirituous, vinous or malt liquors are sold, kept for sale or otherwise disposed of contrary to law, which said place is described as follows: One small new house, situated about 40 or 50 feet in the rear of the kitchen of J.M. Salley, and about 20 feet from the lane running between the residence of J.M. Salley and A.B. Brown and proof by affidavit having been made before me by the said J.A. Coleman that he has probable cause for believing, and does believe, that there is stored in said place above described spirituous, vinous or malt liquors for sale delivery or distribution contrary to law, or for other illegal purposes, a more specific description of said spirituous, vinous or malt liquors not being obtainable; and probable cause having been shown to me by proper evidence that the said J.M. Salley keeps said place above described, and that spirituous, vinous or malt liquors are sold, kept for sale or otherwise disposed of, contrary to law, are stored for sale, delivery, distribution, contrary to law, or for other illegal purposes, in said place above described. You are therefore commanded at any time between 8 o'clock in the morning and...

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12 cases
  • In re Dissenting
    • United States
    • Indiana Supreme Court
    • January 25, 1927
    ... ... given a fair trial, which was free from error. He offered no ... evidence in dispute of the facts proved by the state and ... relies solely on the alleged invalidity of a search which we ... believe was in all things sufficient. He was found guilty and ... was ... warrant duly issued by a magistrate upon an affidavit on ... information and belief are not infringed. Salley v ... State (1913), 9 Ala. App. 82, 64 So. 185; ... [199 Ind. 350] ... Lowery v. Gridley (1862), 30 Conn. 450; ... Koch v. District ... ...
  • Wallace v. State
    • United States
    • Indiana Supreme Court
    • June 30, 1927
    ...by authority of a warrant duly issued by a magistrate upon on affidavit on information and belief are not infringed. Salley v. State (1913) 9 Ala. App. 82, 64 So. 185;Lowrey v. Gridley (1862) 30 Conn. 450;Koch v. Dist. Court (1911) 150 Iowa, 151, 129 N. W. 740;State v. Doremus (1915) 137 La......
  • Wallace v. State
    • United States
    • Indiana Supreme Court
    • June 30, 1927
    ... ... complies with the constitutional requirements, and that the ... rights of an owner of premises searched by authority of a ... warrant duly issued by a magistrate upon an affidavit on ... information and belief are not infringed. Salley v ... State (1913), 9 Ala.App. 82, 64 So. 185; [199 Ind ... 350] Lowrey v. Gridley (1862), 30 Conn ... 450; Koch v. District Court (1911), 150 ... Iowa 151, 129 N.W. 740; State v. Doremus ... (1915), 137 La. 266, 68 So. 605; City of Shreveport ... v. Nejin (1917), 140 ... ...
  • Martin v. Watts
    • United States
    • Alabama Supreme Court
    • April 10, 1987
    ...a logical progression is true, two in particular hint that this court's interpretation is correct. "For example, in Salley v. State, 9 Ala.App. 82, 64 So. 185, 187 (1914), the Alabama Court of Appeals held that the discovery of 55 gallons of whiskey in a building located some 20 to 30 feet ......
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