The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-08
MOST INTERESTING
LIQUOR CASE IS
FINALLY DECIDED
Interstate Plea in PrOhibi-
ton Matter Does Not
Stand-Other Decisions
By Appeals Court

Montgomery, September 7-(Special
! In special session this afternoon. the
applications for rehearing, and rendered
decision in 20 cases.
Because of a flaw in the indictment
Mrs. C. A Trent who was convicted
in Jefferson county for an offense ne
nounced by section 6215 of the code Of
| 1907, will get new trial. The cour'
held, in an opinion by Justice Brown
that the indictment was defective because
it failed to specify the time of the com.
mission of the offense Judge Browns
opinion doubtless will prove of intense
interest to the medical fraternity of the
state. The case was reversed and re.
manded. Mrs. Trent, upon conviction in
the lower court, was sentenced to two
years Imprisonment.
An interesting case decided finally was
that of Tom Howard, who was convicted
in Walker county, for violating the prohi-
bition law and sentenced to a term, OF
six months. Howard was arrested by the
sheriff of Walker county as he stepped
off the train at Jasper. A sack and a
satchel in his possession were found to
be filled with half pint bottles of whisky
He was charged with having more liquor
in his possession than was permitted
by the law. At that time Jefferson
county was not dry, and Howard claimed
that he bought the whisky in Birning-
ham and was en- route to a point in
,,,;ft, ,,I, l..
making an interstate trip, he commended
that he was immune from the Alabama
law. The lower court refused to admit
this contention, and when the case first
went to the court of appeals, that body
reversed and remanded it on the ground
that Howard had a right to interpose that
plea. However, the case was finally de-
cided today on rehearing. The court OF
appeals granted the application for re-
hearing, rescinded it's former judgment
of reversal, and affirmed the Judgment
of the lower court.
The case of Jacob Arlington, who rep
resented himself as a lawyer in Birming-
ham and was convicted for obtaining
money under false pretenses from a. fe-
male client, was affirmed, Judge Brown
dissenting.
The court revoked former Judgment
Thomas, convicted in Jefferson county
for assault with intent to murder Mil
ton Davis, and reversed and remanded
the case. Thomas was given six years
by the lower court.
LIST OF RULINGS
The following list Of rulings on ap-
plications for rehearing:
Per Curim: John Rogers VS.. the state
of Alabama. from Dallas circuit court,
application overruled; Taylor Evans VS..
the state of Alabama, from Montgom-
cry city court. application overruled;
w. E. Foshee VS.. the state of Alabama,
from Butler circuit court. application
overruled; Dave Thomas, alias, etc, VS..
the state of Alabama, from Bullock
circuit court, application granted, for
mer Judgment of reversal set aside, af-
f1rmer; Hugh Brooms VS. the state OF
Alabama, from Coffee circuit court at
Elba, application overruled; Naulty
Pickett VS.. the state of Alabama, from
Macon circuit court, application granted,
former Judgment of reversal set aside,
affirmed; ]. T. Camp Transfer company
VS.. Hattie Davenport, from Birming-
ham city court. application overruled,
opinion extended; Mack Thomas VS.. the
state of Alabama, from Jefferson GRIM
inal court, application granted, former
versed and remanded; Tom Howard vs.
the state of Alabama. from Walker
law and equity court, application
granted, former Judgment of reversal
set aside, affirmed; Jerome S. Brown
VS.. the state of Alabama. from Jeffer-
son criminal court. application over
ruled; J. T. Howle VS.. the state OF Ala
bama, from Jefferson criminal court,
application overruled, opinion extended;
T II ~; OF VIC
Alabama, from Gadsden city court, APP
plication overruled; lobe Stout VS.. the
state of Alabama. from Morgan law and
equity court, application overruled;
Charles Ross VS.. the state of Alabama,
from Morgan law and equity court ap-
plication overruled; ex parte e. II.
Brown, from Morgan chancery court,
application overruled. opinion extend
ed Emily Thomas VS.. the state of Ala
bama, from Morgan law and equity
court, application overruled.
The following decisions were handed
down:
ePhlam, P. J.-Willie Jennings VS.. the
state Of Alabama, from Dale circuit
court, affirmed; Cosco Huguley q Co.,
vs. the state of Alabama, from Russell
circuit court, affirmed; Eugene Chap
pell VS.. the state of Alabama, from
Macon circuit court. affirmed; A. j.
dempsey, alldS, otCy No. lhO ose'eO o-
Alabama, from Gadsden city court, at
firmed; Oscar Johnson, VS.. the state OF
Alabama, from Colbert equity court, ar
firmed.
Brown, J:-Jacob Addington vs. the
state of Alabama, from jefferson criminal
court, affirmed; Brown, j., dissenting;
Mrs C. A. Trent VS.. the state OF Ala
bama, from jefferson criminal court re-
versed and remanded William johnson
VS. the state of Alabama. from Morgan
law and equity court. affirmed; Brown
j., dissenting.
Evans, J:-Henry Goodman vs. the
state of Alabama, from Mobile city court.
affirmed; Lucean Address VS.. the state
of Alabama, from Monroe law and equity
state of Alabama, from Houston circuit
court, affirmed Will Thomas vs. the
state of Alabama, from Pike law court,
reversed and remanded; Dave CULVER VS.,
the state of Alabama, from Coffee circuit
court at Elba, affirmed; John D. Jay VS..
the state of Alabama, from Geneva circuit
court, reversed and remanded; Luther
Dobbins VS.. the state of Alabama, from
Geneva circuit court, affirmed; Johnnie
Horn VS.. the. state of Alabama. from Lee
law and equity court, affirmed; Jim
Porter VS.. the state of Alabama, from
Walker law and equity court, affirmed;
Dr. Savage VS. the state of Alabama,