Barnes v. State

Decided January 10, 1922

Alabama Court of Appeals · decided 1922-01-10

Cleve Barnes was convicted of violating the Prohibition Law, and he appeals. The indictment is as follows: The grand jury of said county charge that, before the finding of this indictment, and after January 25, 1919, Cleve Barnes distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol.

Cited by 10 later decisions — most recently May 1925

10 state decisions

Relies on 17 Ala. App. 579 - Taylor v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1922-01-10

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SAMEORD, J.

¶1 [1] The motion to strike defendant’s plea was properly grantéd. Powell v. State, ante, p. 101, 90 South. 138.

¶2 [2-4] Defendant’s demurrers to the indictment were properly overruled. Taylor v. State, 17 Ala. App. 579, 88 South. 205.

¶3 [5] There was evidence tending to prove the state’s case and therefore the general •charge as requested by the defendant was properly refused.

¶4 [6] The carrying of wood to the still for the purpose of making whisky, was aiding or abetting, and hence charge 7 was properly refused.

¶5 We find no error in the record, and the judgment is affirmed.

¶6 Affirmed.

¶7 (Sc^jFor other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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Status

Disposition: Affirmed

Case posture

Disposition: Affirmed.
Posture: Appeal from Circuit Court, Lee County; Lum Duke, Judge. Cleve Barnes was convicted of violating the Prohibition Law, and he appeals. Affirmed. The indictment is as follows: The grand jury of said county charge that, before the finding of this indictment, and after January 25, 1919, Cleve Barnes distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which was alcohol. The grand jury of said county further charge that, before the finding of this indictment, and after the 25th day of January, 1919, cleve Barnes distilled, made, or manufactured alcoholic, spirituous, malted, or mixed liquors or beverages, a part of which mixed liquors or beverages was alcohol. The grand jury of said county further charge that, before the finding of this indictment, and more than 60 days after the 30th day of September, 1919, Cleve Barnes manufactured, sold, gave away, or had in his possession a still, apparatus, appliance, or a device or substitute therefor, to be used for the purpose of manufacturing prohibited liquors or beverages, against the peace and dignity of the state of Alabama. The demurrers were, in effect, that the allegations of the indictment were not sufficiently definite and certain to inform the defendant of the nature and cause of the accusation. It fails to aver that the offense charged was committed prior to January 16, 1920. It does not charge any offense of which this court has jurisdiction. Demurrers to the second count especially were as follows: It does not aver that the liquors therein referred to contained alcohol; and the allegations are in the alternative, and the charge that the defendant made malt liquors does not state an offense against the laws of Alabama or of the United States. Pleas of the defendant referred to are that this court had no jurisdiction since Congress of the United States under grant of power contained in the Eighteenth Amendment to the Constitution of the United States of America has made the facts therein alleged to constitute a violation of the laws of the United States, and only the federal court of the United States had jurisdiction to try such a case. Charge 7, refused to the defendant, is as follows: I charge you, gentlemen of the jury, that if you believe that the only act of this defendant in attempting to make the prohibited liquors, as are mentioned in the first count in the indictment, consisted only in carrying wood to the still, and that same had not been used for such, then you must acquit him of the charge of attempting to make such liquor.

Source: CourtListener

Court

Alabama Court of Appeals

Abolished 1969

Parallel citations

92 So 15