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15 Ala. App. 81

72 So 556

Wray v. State

Alabama Court of Appeals

Decided August 1, 1916

Alabama Court of Appeals · decided 1916-08-01

Heard before Hon. A. H. Alston. Richard Wray was convicted of violating the prohibition law, and he appeals. The first count charges the manufacturing, selling, offering for sale, keeping for sale, of prohibited liquors or beverages subsequent to June 30, 1915.

Relies on Southern Express Co. v. Whittle · Central of Georgia Ry. Co. v. State ex rel. Attorney General

Affirmed · Decided 1916-08-01

BROWN, J. —

¶1 The act approved February 8, 1915, makes it unlawful for any person, firm, or corporation to receive or accept for delivery of, or to possess more than a specified quantity of, intoxicating liquors at any one time, or within a specified period. —Acts 1915, p. 44; Southern Express Co. v. Whittle, 194 Ala. 406, 69 South. 652, L. R. A. 1916C, 278. The demurrers taking the point that such acts were not prohibited by law after the 30th of June, 1915, and up until the 23d day of September, 1915, were not well taken, and the rulings of the trial court thereon were correct. The act approved September 17, 1915, authorizing the shipments of liquor under the supervision of the sheriff or other law officer of the state, afforded the defendant no protection for possessing, transporting, or shipping such liquors. By the act, the state, in the exercise of its sovereign authority, directed such shipments under the direct supervision of its officers to prevent evasion of the law of the state. — Acts 1915, p. 632, 633, § 6; Central of Ga. Ry. Co. v. State, ex rel. Attorney General, 197 Ala. 389, 72 South. 555.

¶2 The rulings of the trial court were in accord with these views, and the judgment must be affirmed.

¶3 Affirmed.

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