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16 Ala. App. 140

75 So 816

Cunningham v. State

Alabama Court of Appeals

Decided May 8, 1917

Alabama Court of Appeals · decided 1917-05-08

Merrill, Judge. Frank Cunningham was convicted of violating the prohibition law, and be appeals. Tbe indictment charges that defendant sold, offered for sale, kept for sale, gave away, or otherwise disposed of spirituous, vinous, and malt liquors.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1917-05-08

How this case has been cited

Cited by 27 later decisions — most recently February 1977 · most notably Duncan v. State (1965), 33 Ala. App. 269 - Bankhead v. State (1947)

27 state decisions

701917192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BROWN, P. J.

¶1 [1] Tbe indictment is in tbe form prescribed by tbe statute and the demurrer thereto was properly overruled.

¶2 [2] Tbe defendant’s plea of former jeopardy was not sufficient, in that it did not show whether tbe former trial of tbe defendant was for the violation of the statute, or a municipal ordinance, and tbe demurrer thereto was sustained without error. Bell v. State, ante, p. 36, 75 South. 181.

¶3 There is no error in tbe record, and tbe judgment of tbe circuit court is affirmed.

¶4 Affirmed.

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