Watson v. State

• Decision Date: 16 June 1904
• Parties: WATSON v. STATE.
• Court: Alabama Supreme Court

37 So. 225

140 Ala. 134

WATSON v. STATE.

Supreme Court of Alabama

June 16, 1904

Appeal from Circuit Court, Wilcox County; John Moore, Judge.

Emma Watson was convicted of a violation of the liquor laws, and appeals. Reversed.

The indictment contained two counts. In the first court it was alleged that the defendant "did, within the limits of Wilcox county, Alabama, and outside of Camden Precinct, in said state and county, sell, keep for sale, or otherwise dispose of spirituous, vinous, malt, or other intoxicating liquor, or intoxicating beverage, decoction, mixture compound, or bitters, without a license, and contrary to law." In the second count the charge was identical except that it was averred that the defendant at the time was in no wise connected with or acting for a lawful dispensary in said county. The defendant demurred to each count of the indictment upon several grounds, which may be summarized as follows: (1) Because in each of said counts the defendant is charged with "keeping for sale," etc., and the same is no violation of law, in that the caption of the act of Legislature of the prohibition law of Wilcox county (Acts 1882-83, p. 234) does not set out in the caption thereof as part of or as embraced in the body of the act "keeping for sale," etc. (2) Because each count in said indictment charges the defendant with selling, etc "intoxicating decoction, mixture, compound, or bitters," and that part of said act approved December 12, 1882, in Acts 1882-83, pp. 234, 235, is unconstitutional and void, which makes it an offense to sell or otherwise dispose of "intoxicating decoction, mixture, compound or bitters," because said offense which appears in body of said act does not clearly appear in the title to said act, and thereby violates section 45 of article 4 of the Constitution, and section 2 of article 4 of the Constitution of 1875, which is the same as said section 45, article 4, of the present Constitution, in the matter referred to. This demurrer was overruled. Upon the introduction of all the evidence, there was judgment of conviction.

Miller & Miller, for appellant.

Massey Wilson, Atty. Gen., for the State.

SHARPE J.

In the body of an act entitled "An act to prohibit the sale or disposing of spirituous, vinous or malt liquors, or other intoxicating beverages in the county of Wilcox, on and after the first day of April, 1883," it was, subject to certain provisos, declared that after that date...