Frazier v. State

Decided June 30, 1919

Supreme Court of Alabama · decided 1919-06-30

Intoxicating Liquors <&wkey;250—Forfeiture of Vehicles—Sufficiency of Evidence. In a proceeding by the state for the condemnation of an automobile alleged to have been used for the illegal conveying of prohibited liquors under Acts 1919, p. 13, § 13, evidence held insufficient to show that the automobile had been used, or was being used, at the time of the seizure, for the purposes alleged. Thomas, J., dissenting.

Cited by 5 later decisions — most recently February 1931

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and rendered · Decided 1919-06-30

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*277 PER CURIAM.

¶1 Section 13 of the aet of' 1919, p. 13, in providing for the seizure and forfeiture of vehicles, says, “which have been or are used for the illegal conveying of prohibited liquors or beverages.” The proof in this case fails to show that the automobile in question had been used or was being used at the time of seizure in illegally conveying liquors or beverages so as to bring it under the forfeiture provision of the statute. The decree of the circuit court is reversed, and one is here rendered dismissing the state’s petition.

¶2 Reversed and rendered.

All the Justices concur, except THOMAS, J.} who dissents.