The Birmingham age-herald., 1915-03-18

 for sale. keeping for sale or otherwise disposing of prohibited liquors and bev- erages. it is sufficient to charge that the defendant sold. offered for sale. kept for sale or otherwise disposed or prohibited liquors and beverages, and on the trial under n charge in either form any act of selling in violation of law embraced in the charge may be proved, and the charge in each of said forms shall be held to include any device or substitute for any of sai'l liquors. If any indictment, complaint. information, or affidavit. charging that prohibited liquors and beverages have been manufactured, sold. offered for sale, kept for sale or otherwise dis posed of. 1t shall not be necessary to set out the kind or quantity of the prohibited liquors and beverages, nor the person to whom such sale or offer to sell or other disposition was made. and in any prosecution for a second or subsequent offense 1t shall not be re- quisite to set forth in the indictment. information. complaint or affidavit tho record of a former conviction. but it shall be sufficient briefly to allege such conviction. and the person purchasing or 10 whom prohibited liquors and bev- erages or any of them have been sold or otherwise disposed of shall in all cases be a competent witness to prove the unlawful act, and no person who testiiies with respect to any unlawful act under this statute or other statute for the suppression of tho evils of in temperance shall be prosecuted in re- speet 10 any net to which he testifies nor shall his evidence so given be used against him in any criminal proceeding.
 Sec. 80. Indictments, informations. complaints or affidavits for any viola tion of this statute. or any provision xE | Al. state for the suppression of the evils of intemperance. may set out several charges in separate counts. and the ac. eused many be convicted and punished upon each one as upon separate infor- nations indictments, complaints or af- fldavits and judgment shall he rendered on each count under which there Is a finding of guilty.
 Sec. 31. The term prohibited liquors and beverages employed in this acr. shall include all liquors. liquids, and beverages now or hereafter prohibited by the law of the state to be manufac- tnred. sold or otherwise disposed of. or any device or substitute for any or them, and shall also be so understood Tn any warrant. process, affidavit, com plaint, Indictment Judgment decree or pleading in any judicial proceeding: and the term otherwise disposed of fol- lowing the words, sell. offer for sale or keep for sale, and the term "otherwise disposed or following the words sold offered for sale. kept for sale, when em- ployed in any warrant. process affi- davit. indictment. information or com plaint, or in any bill in equity or other pleading in any judicial proceeding or in any judgment or decree shall in- elude and be deemed to include barter. exchange, giving away furnishing or any manner of disposition by which said liquors and beverages may pass unlawfully from one person to another: and the term person or the term party when employed alone in this act shall Include firm, corporation or associa- tion of persons.
 Sec. 3t F. That in all affidayits in formations, complaints or indictments against any party or parties for main taining an unlawful drinking place as defined by the law of this state, 1t shall De sufficient to charge that the defend- ant maintained an unlawful drinking place contrary to law or to the statutes In such cases made and provided, and under such indictment 1t shall be com petent to prove any act of the defend- ant which under the law of the state constitutes the keeping of an unlaw- ful drinking place.
 sec S2 That all prosecutions for yjo- 'auoh or any provision of this act or of
 
 TOT the suppression of the evils of intem- perahee, or of an act to promote temper- ahce ana to suppress the evils of iptefn- perance. and to prohibit the manufac- tnre sale. offering for sale, Keeping or haVihs Tor sale, or otherwise disposing or prohibited liquors and beverages ana. Keeping unlawful drinking places may be begun by affidavit as well as by Indict- ment and that when begun by affi.avit the person charged shall not have the right to demand that a grand jury shall pre1er indictment for the alleged offense put the prosecution may continue no mat ter Tn what court or before what judge the trial shall be had upon the affidavit upon which 1t was originally begun. and the said affidavit or any complaint that may De filed in such prosecution may be amended to meet the end of justice and 10 prevent dismissal of the case tpor, any fnformality, irregularity or techni- cality. If the prosecution Is begun in a court In which Jury trials are provided ior' the defendant may at the time he slVes bond or within five days thereafter iie In the cause demand for trial by Jury, or if he does not give bond he may within five days after his arrest file in the court demand for a Jury trial. in which event such jury trial shall be al- lowed. IT the prosecution Is begun before a court or judge as to which or whom no
 
 court or judge of 1t or he has jurisdic- ton to try the case and to find a party charged guilty or not guilty, shall pro- eeed with the trial. and if the party charged is convicted he may appeal to the circuit court or other court of rec ord of like Jurisdiction in the county, nav Ing Jurisdiction in cases of appeal from the county court or from judgment of justice of the peace in such form and In such manner and subject to such re- strictions as govern appeals under 11 code of Alabama from such justices of the peace or county court and the party may demand and be entitled to d jury trial in such higher court under the same terms and conditions that jury trials are ob- tainable in cases of appeals from such justices or the peace or county court to said circuit court or other court of like Jurisdiction; but this section shall not alter the practice in respect to any pre- liminary proceeding, authorized by law before a justice of the peace Nor is it intended hereby to take away from the circuit court of any county any exclusive Jurisdiction 1t may have to try cases against and to punish violators ct prohib- itory liquor laws, and any circuit court that may have exclusive Jurisdiction by any law applicable to the county to trv cases against and to punish vIolators of prohibitory or other anti-liquor laws shall continue to have its present Jurisdiction and shall have such exclusive jurisdic- ton of violations of thls act or of acts hereinabove referred to and all other laws of this state for the suppression of intem- perance and the promotion of temper- ance.
 Sec. S2ia. That in all prosecu.-.ns n moi ffp f.,,