LIVINGSTON v. STATE

3 Div. 344.

217 So.2d 90 (1968)

William Kyle LIVINGSTON v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 26, 1968.


Attorney(s) appearing for the Case

Elno A. Smith, Jr., Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Marlin Mooneyham, Asst. Atty. Gen., for the State.


CATES, Judge.

Livingston was convicted of transporting (Code 1940, T. 29, § 187, the five-gallon law). After adjudging him guilty and exhorting him by way of allocution, the trial judge sentenced Livingston to a term of thirteen months in the penitentiary. Hence he appeals.

I.

On the night of March 4, 1966, "about first dark," Mr. C. E. Ward, an agent of the ABC Board (T. 29, § 5), was on "still" watch near St. Jude's Hospital, Montgomery...

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