# Webb v. State

> Alabama Court of Appeals · May 9, 1922 · 18 Ala. App. 477

URL: https://www.frixlaw.com/law-library/cases/3251462

## Case

- **Full name:** Webb v. State.
- **Court:** Alabama Court of Appeals
- **Decided:** May 9, 1922
- **Citations:** 18 Ala. App. 477; 93 So. 215; 1922 Ala. App. LEXIS 158
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Samford
- **Judges:** Samford
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3251462

## Opinion text

SAMFORD,
3.
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 South. 757 ; Walker v. State, 91 Ala. 32 , 10 South. 30 .
The indictment, having been returned loss 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 South. 505 ;
1
McReynolds v. State (Ala. App.) 89 South. 825 ;
2
Clark v. State, ante, p. 217, 90 South. 16 ; Isbell v. State, ante, p. 223, 90 South. 55 .
The judgment is reversed, and the cause is remanded.
Reversed and remanded.
1
Ante, p. 400.
2
Ante, p. 173.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3251462. Public record. Not legal advice.