Oldham v. State

Supreme Court of Alabama

Oldham v. State

67 So. 2d 55, 259 Ala. 507, 1953 Ala. LEXIS 341

CourtSupreme Court of Alabama

DecidedAugust 11, 1953

Docket8 Div. 725

StatusPublished

Cited by8 cases

This text of 67 So. 2d 55 (Oldham v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Oldham v. State, 67 So. 2d 55, 259 Ala. 507, 1953 Ala. LEXIS 341 (Ala. 1953).

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Opinion

LAWSON, Justice.

Pete Oldham was convicted in the circuit court of Lauderdale County, Alabama, of the offense of transporting prohibited liquors or beverages in quantities of five gallons or more. § 187, Title 29, Code 1940. On appeal to the Court of Appeals the judgment of conviction was affirmed.

Oldham has filed in this court his petition for writ of certiorari to review and revise the opinion and judgment of the Court of Appeals.

We are of the opinion that the writ should be denied and we see no occasion to respond to all of the questions which petitioner raises in this court. However, we do wish to comment briefly on two of the matters treated in the opinion of the Court of Appeals.

In regard to the question as to whether the State of Alabama has criminal jurisdiction over federal forest reservations lying and being within the state, we call attention to the case of Wilson v. Cook, 327 U.S. 474, 486, 66 S.Ct. 663, 90 L.Ed. 793, where the question was whether the State of Arkansas could impose a tax on timber cut on federal forest lands. In that case the Supreme Court of the United States considered a statute of Arkansas very similar to the Act of this state consenting to the purchase of forest lands by the United States. See § 18% of Act No. 90, approved November 30, 1907, General Acts, Special Session, 1907. Likewise, the Supreme Court of the United States dealt with the Acts of Congress relating to the acquisition by the United States of forest lands in the several states. We see no occasion to comment at length on the case of Wilson v. Cook, supra. It seems to us to fully support the conclusion reached by the Court of Appeals on the question at hand.

In regard to the holding of the Court of Appeals to the effect that evidence although illegally obtained is admissible in courts of this state, except when prevented by express statutory provision, we call attention to the case of Wolf v. People of the State of Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782.

Writ denied.

LIVINGSTON, C. J., and SIMPSON, GOODWYN and MERRILL, JJ., concur.

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LAWSON, Justice.

Pete Oldham was convicted in the circuit court of Lauderdale County, Alabama, of the offense of transporting prohibited liquors or beverages in quantities of five gallons or more. § 187, Title 29, Code 1940. On appeal to the Court of Appeals the judgment of conviction was affirmed.

Oldham has filed in this court his petition for writ of certiorari to review and revise the opinion and judgment of the Court of Appeals.

We are of the opinion that the writ should be denied and we see no occasion to respond to all of the questions which petitioner raises in this court. However, we do wish to comment briefly on two of the matters treated in the opinion of the Court of Appeals.

In regard to the question as to whether the State of Alabama has criminal jurisdiction over federal forest reservations lying and being within the state, we call attention to the case of Wilson v. Cook, 327 U.S. 474, 486, 66 S.Ct. 663, 90 L.Ed. 793, where the question was whether the State of Arkansas could impose a tax on timber cut on federal forest lands. In that case the Supreme Court of the United States considered a statute of Arkansas very similar to the Act of this state consenting to the purchase of forest lands by the United States. See § 18% of Act No. 90, approved November 30, 1907, General Acts, Special Session, 1907. Likewise, the Supreme Court of the United States dealt with the Acts of Congress relating to the acquisition by the United States of forest lands in the several states. We see no occasion to comment at length on the case of Wilson v. Cook, supra. It seems to us to fully support the conclusion reached by the Court of Appeals on the question at hand.

In regard to the holding of the Court of Appeals to the effect that evidence although illegally obtained is admissible in courts of this state, except when prevented by express statutory provision, we call attention to the case of Wolf v. People of the State of Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782.

Writ denied.

LIVINGSTON, C. J., and SIMPSON, GOODWYN and MERRILL, JJ., concur.

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67 So. 2d 55, 259 Ala. 507, 1953 Ala. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oldham-v-state-ala-1953.

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