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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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28-4-116
Section 28-4-116 Conduct of business of delivering, transporting, storing or warehousing prohibited
liquors and beverages by transfer, warehouse, etc., companies; forfeiture of charter of corporations
violating provisions of section. No transfer company, traffic company, transportation company,
warehouse company or other like corporation chartered under or by the laws of Alabama shall
have any right or power to engage in or carry on the business of delivering, transporting,
storing or warehousing any prohibited liquors and beverages except under the supervision of
and on permit from the Alcoholic Beverage Control Board. Any corporation of this state offending
against this provision or engaging in such business shall forfeit its charter, which forfeiture
may be declared upon an action in quo warranto before a court of competent jurisdiction if
any person or officer wishes to institute the action. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4715; Code 1940, T. 29,...
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28-4-126
Section 28-4-126 Presentation, collection, etc., by bank, etc., of draft, bill of exchange,
etc., attached to, connected with, etc., bill of lading, order, etc., for prohibited liquors
or beverages. It shall be unlawful for any bank incorporated under the laws of this state
or a national bank or private banker or any individual, firm or association to present, collect
or in any way handle any draft, bill of exchange or order to pay money, to which is attached
a bill of lading or order or receipt for any spirituous, vinous, malted, fermented or other
intoxicating liquors of any kind or any liquor, liquids or beverages prohibited by the laws
of this state to be manufactured or sold or otherwise disposed of or which is enclosed with,
connected with or in any way related to, directly or indirectly, any bill of lading, order
or receipt for the said liquors or any of them. Any person, firm, corporation or bank or banker
violating the provisions of this section shall be guilty of a...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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28-4-90
Section 28-4-90 Prohibited. If any person shall willfully let or suffer any other person, firm
or corporation to use any premises which he owns or controls for the illegal sale or manufacture
or other unlawful disposition of spirituous, vinous or malt liquors or any other liquors,
liquids or beverages prohibited by the laws of Alabama to be manufactured, sold or otherwise
disposed of for use by a wholesale or retail dealer in liquors or by a wholesale or retail
dealer in malt liquors or by a rectifier of spirits or distiller or for the illegal storage
or warehousing of such liquors and beverages, he shall be guilty of a misdemeanor. (Acts 1909,
No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4683; Code 1940, T. 29, §153.)...
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13A-12-200.5
Section 13A-12-200.5 Material harmful to minors - Distribution, possession with intent to distribute,
display for sale, etc., prohibited; penalty; affirmative defenses; operation of adult-only
enterprise near place frequented by minors; exceptions; disposition of fines. (1) It shall
be unlawful for any person to knowingly or recklessly distribute to a minor, possess with
intent to distribute to a minor, or offer or agree to distribute to a minor any material which
is harmful to minors. Any person who violates this subsection shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000)
and may also be imprisoned in the county jail for not more than one year. (2)a. It shall be
unlawful for any person to openly and knowingly display for sale at any business establishment
frequented by minors, or any other place where minors are or may be invited as part of the
general public, any material which is harmful to minors or...
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28-4-316
Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and
testify in obedience to summons. Any person who is summoned as a witness before the grand
jury to answer as to any violation of law for the suppression of intemperance or prohibiting
the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping
or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses
to attend and testify in obedience to such summons without good cause, to be determined by
the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor,
must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than three months, at the
discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29,
§109.)...
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28-4-55
Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by another.
It shall be unlawful for any person, firm or corporation to permit or allow anyone to have,
possess, operate or locate on his premises any apparatus, plant or structure for the distilling
or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant
or structure is found upon said premises, the fact shall be prima facie evidence that the
tenant or owner in actual possession of the premises has knowledge of the existence of the
same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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28-4-129
Section 28-4-129 Filing of statement by board; inspection of statement by district attorney
or police officers. It shall be the duty of the board to file immediately the statement required
by Section 28-4-127 as a part of the files of its office and to permit any sheriff, deputy
sheriff, constable, chief of police or other police officer of a municipality, district attorney
whose duty it is to prosecute crime in the county in which delivery is made and any other
peace officer of the county or officer charged with the duty of prosecuting violations of
the law to inspect the said statements as they may desire at any time and especially to permit
inspection thereof by any officer or other duly authorized person seeking information for
the prosecution of persons charged with or suspected of crime, especially the crime of selling,
giving away, bartering, keeping for sale or otherwise disposing of liquors or any beverages
prohibited by the laws of the state to be sold, given away, kept for...
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28-4-133
Section 28-4-133 Duty of common carriers, etc., to permit examination of books, records, papers,
etc., in connection with prosecutions under article, etc. In the prosecutions of violations
of this article or any law for the suppression of the evils of intemperance or the promotion
of temperance, any common carrier doing business in the State of Alabama or any person engaged
in the transportation in the state or making deliveries in this state of the liquors mentioned
in Section 28-4-120 or of other prohibited liquors and beverages is required to permit an
examination of all his books, records, papers, bills of lading and accounts pertaining to
the shipment of such liquors by any officer in this state whose duty it is to prosecute crime
or ferret out criminals, when such information is sought for the prosecution of persons charged
with or suspected of crime. (Acts 1915, No. 10, p. 39; Code 1923, §4701; Code 1940, T. 29,
§170.)...
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