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15 Ala. App. 451

73 So 764

Frazier v. State

Alabama Court of Appeals

Decided January 9, 1917

Alabama Court of Appeals · decided 1917-01-09

Heard before Hon. A. H. Alston. J. M. Frazier was convicted of violating the prohibition law; and he appeals.

Relies on Southern Express Co. v. Whittle

Affirmed · Decided 1917-01-09

PELHAM, P. J.

¶1 (1) The charges on which the defendant was convicted as set out in the second and fourth counts of the affidavit are substantially in the language of the statute descriptive of the offense, and are sufficient. — Porter v. State, infra, 72 South. 776.

¶2 (2) The statute (Acts 1915, p. 44, § 12) under which the charges were framed is not violative of the federal or state Constitution in limiting the amount of prohibited liquors a person may possess or have in possession at one time, and the demurrers attacking the affidavit on this ground are not well taken.— Southern Exp. Co. v. Whittle, 194 Ala. 406, 69 South. 652, L. R. A. 1916C, 278.

¶3 We find no error in the record.

¶4 Affirmed.

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