Olmstead v. State
Supreme Court of Alabama
From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The indictment in this case charged that the defendant, Percy Olmstead, “sold spirituous, vinous, or malt liquors, without a license, and contrary to law.” On the trial, as the bill of exceptions states, “the defendant moved the court to require the prosecutor to select under what law the defendant was prosecuted; to which the solicitor replied, under section 4036 of the Code.”
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From the City Court of Anniston. Tried before the Hon. B. F. Cassady. The indictment in this case charged that the defendant, Percy Olmstead, “sold spirituous, vinous, or malt liquors, without a license, and contrary to law.” On the trial, as the bill of exceptions states, “the defendant moved the court to require the prosecutor to select under what law the defendant was prosecuted; to which the solicitor replied, under section 4036 of the Code.” The State then introduced one Clark as a witness, who testified that, within the time covered by the indictment, he bought a pint of lager-beer from…
1Opinion of the CourtClopton, J.
Whether the general criminal statute against retailing without a license, or a special and local law prohibiting the sale of spirituous, vinous or malt liquors, was in force in the locality where the offense was committed, is immaterial. In either event, defendant sold malt liquors ■without license, and contrary to law. Section 4037 of the Code declares, that in an indictment for such offense “it is sufficient to charge that the defendant sold spirituous, vinous or malt liquors, without a license, and contrary to law; and on the trial, any act of retailing in violation of the law may be…
2Cases cited2 opinions
- Ulmer v. StateSupreme Court of Alabama · 1878
- Sills v. StateSupreme Court of Alabama · 1884
3Cited by13 opinions
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Miller v. StateWisconsin Supreme Court · 1909
- Warren v. StateSupreme Court of Alabama · 1916
- Guarreno v. StateSupreme Court of Alabama · 1906
- Jones v. StateSupreme Court of Alabama · 1892
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