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28-4-295
Section 28-4-295 Disposition of prohibited liquors and beverages held for use as evidence upon
conviction of person possessing, etc., same. Whenever prohibited liquors and beverages, or
any of them, are seized and held for use as evidence before any court on the trial of any
person for a violation of the prohibitory laws of the state or the prohibitory ordinance of
any municipality and the person is convicted for violating such law or ordinance in any way
by his connection with or possession or ownership of the liquors and beverages, or any of
them, then, within 10 days after conviction, without any order of the court to that effect,
the custodian of the liquor or beverage is authorized to proceed and shall proceed to dispose
of the same as provided in Section 28-4-273. (Acts 1919, No. 7, p. 6; Code 1923, §4773; Code
1940, T. 29, §242.)...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-29
Section 28-4-29 Solicitation or receipt of order for prohibited liquors or beverages. Any person
who within this state solicits or receives any order for any spirituous, vinous or malt liquors
or any other liquors or beverages prohibited by the law of the state to be sold or offered
for sale or otherwise disposed of in this state in any quantity to be shipped into this state
or to be shipped from one point in this state to another point in this state shall be guilty
of a misdemeanor. The taking or soliciting of such orders is within the inhibition of this
section, although the orders are subject to approval by some other person and no part of the
price is paid nor any part of the goods delivered when the orders are taken. If such order
is in writing, parol evidence thereof is admissible without producing or accounting for the
absence of the original. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4640;
Code 1940, T. 29, §115.)...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
together with such reasonable sum as the court may deem just for necessary expenses incurred
in transporting and providing storage for liquors and beverages and vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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28-4-1
Section 28-4-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors
of any name or description from malt, wholly or in part, or from any substitute therefor.
(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits
or who brews or makes mash, wort or wash fit for distillation or for the production of spirits
or who, by any process of evaporation, separates alcoholic spirits from any fermented substance
or who, making or keeping mash, wort or wash, has also in possession or use a still. (3) LIQUOR
NUISANCES. a. Any rooms or structures used for the unlawful manufacture, sale, furnishing,
distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by
the laws of Alabama to be manufactured, sold or otherwise disposed of...
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28-4-258
Section 28-4-258 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Execution - Persons authorized. The warrant may be executed by any one of the officers to
whom it is directed, but by no other person, except in aid of the officer, he being present
and acting in its execution. The complainant may accompany the officer who executes the warrant
and give information and assist him in executing the writ. A writ addressed to a sheriff may
be executed by any lawful officers. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code
1923, §4744; Code 1940, T. 29, §213.)...
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28-4-27
Section 28-4-27 Enforcement of Section 28-4-26. If any person violates a provision of Section
28-4-26, upon complaint being made on oath before a judge of any court having jurisdiction
of misdemeanors that spirituous, vinous or malt liquors, or other beverages or liquors, prohibited
by law to be sold, given away or otherwise disposed of have been sold, given away or otherwise
disposed of in violation of law and that the person committing such offense comes within the
terms of Section 28-4-26 and that such person is known or unknown to the person making the
complaint and that other parties present and participating in the tippling or drinking of
liquors at such place are unknown to the person making the complaint, it shall be the duty
of such judge to issue forthwith a warrant of arrest for such party for the offense charged
in the complaint and immediately to place such warrant in the hands of the sheriff or other
lawful officer. (Acts 1909, No. 191, p. 63; Code 1923, §4630; Code...
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28-4-292
Section 28-4-292 Advertisement and sale of receptacles, etc., of prohibited liquors and beverages.
All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases
or trunks, which have been seized in law enforcement and which are in the custody of any person
or officer, after conviction of the parties from whom seized of the violation of the law in
respect thereto, shall be sold after notice of sale by advertisement in a newspaper published
in the county for 10 days in a daily paper or for two issues in a weekly paper. The proceeds
of the sale shall be paid into the municipal treasury, if sale is made by a municipal officer
or custodian of such contraband seized by municipal officers, or to the law-enforcement fund
in the State Treasury if made by any other officer or custodian. (Acts 1919, No. 7, p. 6;
Code 1923, §4783; Code 1940, T. 29, §252.)...
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14-4-4
Section 14-4-4 Report of hard labor sentence to probate judge. (a) All judicial officers shall,
immediately upon the sentence of any person to hard labor for any county, report in writing
to the judge of probate of the county for which such sentence is made, the name of such person,
the length of his sentence, the date of its commencement and the amount of costs. Any judicial
officer presiding over a court that has a clerk may order such report to be made by such clerk.
(b) Any judicial officer or clerk who fails to report in writing to the judge of probate,
as required by law, the name of any person sentenced to hard labor for the county, length
of such sentence, the date of its commencement and the amount of the costs therein must, on
conviction, be fined not less than $25.00. (Code 1896, §§4543, 5118; Acts 1907, No. 85,
p. 179; Code 1907, §§6592, 7462; Code 1923, §§3700, 5054; Code 1940, T. 45, §§79, 80.)...
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28-4-282
Section 28-4-282 Appliances used, etc., for distillation or manufacture of prohibited liquors
and beverages declared contraband; said appliances and products thereof to be summarily destroyed
by sheriffs, etc., finding same; property, etc., where distillery, etc., found forfeited to
state. All appliances which have been used or are used or ready to be used for the purpose
of distilling or manufacturing any prohibited liquors or beverages are contraband, and no
person, firm or corporation or association of persons shall have any property rights in or
to the same, and when said appliances or apparatus so used or ready to be used or that have
been used for the manufacture of any prohibited liquors and beverages shall be found by any
sheriff or other law officer, the same shall be by said officer at once summarily destroyed
and rendered useless for service. The officer shall also summarily destroy any liquor or liquids,
the product of a distillery or plant for the making of a prohibited...
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