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28-4-321
Section 28-4-321 Contents and sufficiency of charges in indictments, complaints, affidavits,
etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc.,
generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing,
etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying
as to violations of chapter, etc. In an indictment, complaint or affidavit for selling, offering
for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it
is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise
disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint
or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited
liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale,
kept for sale or otherwise disposed of...
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28-3-244
Section 28-3-244 Condemnation and delivery to board of liquors seized upon which federal tax
has been paid and containers of which are unbroken or unopened. Any liquors and beverages
that are prohibited to be sold or otherwise disposed of in this state, including malt or brewed
beverages, together with the vessels or other receptacles in which they are contained, that
have been heretofore or may hereafter be seized by any officer of the state, county or municipal
government, regardless of whether seized under the authority of a search warrant or not, upon
which it appears that the federal tax has been paid, the federal stamp being located on the
container being prima facie evidence thereof, and the containers of which appear to be unbroken
or which appear to have never been opened after the placing thereon of the federal stamp or
seal shall, upon a court order of forfeiture, be delivered immediately to the Alcoholic Beverage
Control Board at Montgomery, Alabama, or to a properly...
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28-4-252
Section 28-4-252 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Persons authorized. The warrant may be issued by a judge of a district court.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4742; Code 1940, T. 29, §211;
Acts 1955, 2nd Ex. Sess., No. 45, p. 151.)...
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28-4-262
Section 28-4-262 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Return of warrant; furnishing of copies thereof to applicant for warrant, etc. The officer
in his return of the warrant to the judge of the district court must specify with particularity
the liquors and beverages and other articles taken, and the applicant for the warrant and
the person from whose possession the liquors and articles were taken are entitled to a copy
of the return, signed by the judge, which he must furnish them on their application therefor.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4750; Code 1940, T. 29, §219.)...
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28-4-255
Section 28-4-255 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Examination of and taking of depositions from complainant and witnesses; contents
of depositions. The judge of the district court, before issuing a warrant, must examine the
complainant on oath and any other witnesses he may produce, take their depositions in writing
and cause the same to be subscribed by the person or persons making them. The depositions
must set forth facts and circumstances tending to establish the ground or grounds of the application
or probable cause for believing that a ground exists authorizing a search warrant to issue.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4745; Code 1940, T. 29, §214.)...
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28-4-261
Section 28-4-261 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Limitation period for execution and return of warrant. The warrant must be executed and
returned to the judge of the district court by whom it was issued within 10 days from the
date of issuance. After that time, if it has not been executed, it is void. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, T. 29, §218.)...
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28-4-228
Section 28-4-228 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Restoration to owner. If it shall be finally decided that any liquors or beverages so seized
are not liable to forfeiture, the court shall order the officer having the same in custody
to restore said liquors, with the vessels containing the same, to the place where they were
seized, as nearly as practicable, and to the person entitled to receive them, which order
the officer shall obey and make return to the court of his acts thereunder. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4861; Code 1940, T. 29, §151.)...
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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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28-4-227
Section 28-4-227 Disposition of liquor and beverages, etc., seized upon final judgment generally
- Destruction. Whenever it shall be finally decided in the action that the liquors seized
as aforesaid are forfeited and that they were kept or stored for an illegal purpose, the judgment
of the court shall order the officer having said liquors in custody to forthwith destroy the
same, together with the vessels containing the same, and other movable property used in keeping
and maintaining the nuisance and immediately thereafter to make return of said order to the
court whence it issued, with his action endorsed thereon. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1940, T. 29, §150.)...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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