SARGENT v. STATE

7 Div. 540.

351 So.2d 666 (1977)

Luther Edward SARGENT, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 4, 1977.


Attorney(s) appearing for the Case

Charles A. McGee, Traylor, Baker & McGee, Fort Payne, for appellant.

William J. Baxley, Atty. Gen., and John B. Rucker III, Asst. Atty. Gen., for the State, appellee.


BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant-defendant, a non-indigent, was indicted for transporting five gallons or more of prohibited liquors or beverages. A jury returned a verdict of guilty. The trial court fixed punishment at two years.

The alleged transportation was prohibited by T. 29, § 187, Code of Alabama 1940, Recompiled 1958. Such transportation is a felony. T. 29, § 187, supra.

The above section, with § 93 (defining...

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