Smith v. State (1931)
In Smith v. State, 223 Ala. 346, 136 So. 270 (1931), the defendant was convicted of giving false weights and measures in the sale of gasoline. The statute proscribing this activity was found in the Agricultural Code of 1927. The 1927 Code version of the statute contained no "intent" element, even though the same provision as it appeared in a 1923 act regarding false weights and measurements had contained the word "knowingly." The manuscript prepared by the codifier eliminated the word "knowingly."
The Legislature adopted the manuscript prepared by the codifier and approved by the joint commission. The Court held that the adoption of the Code, including the alteration injected by the codifier, changed the statute to the form used in the later edition of the Code.