State v. Warford

Decided December 15, 1887

Supreme Court of Alabama · decided 1887-12-15

Tried before Hon. John Moore. The indictment in this case charged appellee with a violation of a liquor prohibition law embraced in an amendment to the charter of the Southern University at Greensboro, Alabama, by an act of the General Assembly approved February 17th, 1885. — Acts 1884-85, p. 740. Defendant demurred to the indictment. The court sustained the demurrer and the State appealed.

Relies on Wilkinson v. Ketler

Good law ✅— No negative treatment on recordhow we know

Decided 1887-12-15

How this case has been cited

Cited by 10 later decisions — most recently November 1933

1 federal appellate · 9 state decisions

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.

View the full empirical analysis of this case →

STONE, C. J.

¶1The question presented by this record is the same as that raised and considered in Wilkinson v. Ketler, 59 Ala. 306. We have no wish to change the ruling then made. — Blake v. Brackett, 47 Maine, 28; Cooley Const. Lim. *151-2.

¶2Reversed, demurrer to indictment overruled, and cause remanded.

SOMERYILLE, J.

¶3If the rule declared in Wilkinson v. Ketler, 59 Ala. 306, were under consideration by us for the first time, I should hesitate before giving my indorsement to it. But ten years have now elapsed since that case was decided, and the opinion has, no doubt, been acted on by the General Assembly in amending many of our public statutes, and not a few titles may have been acquired upon the faith of its correctness. It is, moreover, a conservative rule of constitutional construction. For these reasons I think it ought to be maintained, and I, accordingly, concur in the judgment announced by the Chief-Justice.