WEBB v. STATE

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Docket Number

8 Div. 839.

Attorney(S)

Betts Richardson, of Huntsville, for appellant. A verdict specifying the count on which it is based is an acquittal as to the other count. 15 Ala. App. 180, 72 So. 757; 91 Ala. 32, 10 So. 30. A penal act does not become effective until after 60 days from its approval, unless otherwise specified therein, and the second count was demurrable for a failure to allege that the offense was committed 90 days after the passage of the act. 17 Ala. App. 464, 86 So. 172; 17 Ala. App. 504, 86 So. 175; 159 Ala. 71, 48 South, 864, 133 Am. St. Rep. 20; 55 Ala. 167; section 7805, Code 1907. Harwell G. Davis, Atty. Gen., for the State. Brief of counsel did not reach the Reporter.

Judges

SAMFORD, J.

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WEBB v. STATE.

SAMFORD, J.

The first count in the indictment charged the defendant with manufacturing liquor after January 25, 1919. A verdict was rendered by the jury, specifically convicting the defendant under the second count. This had the effect of acquitting defendant of the charge embraced in the first count. Brown v. State, 15 Ala. App. 180, 72 So. 757; Walker v. State, 91 Ala. 32, 10 So. 30.

The indictment, having been returned less than three years from November 30, 1919, covered a period of time during which it was not a violation of law to possess a still, etc. This necessitated an averment as to time, in the absence of which the second count was fatally defective. Laminack et al. v. State (Ala.App. 7 Div. 774) 92 So. 505; McReynolds v. State (Ala.App.) 89 So. 825; Clark v. State, ante, p. 217, 90 So. 16; Isbell v. ante, p. 223, 90 So. 55.

Ante, p. 400.

Ante, p. 173.

The judgment is reversed, and the cause is remanded.

Reversed and remanded.

WEBB v. STATE.

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