Legal Opinion

Christian v. State

Supreme Court of Alabama

Decided January 15, 1867PublishedCited by 2 opinions

Erom the Circuit Court of Bibb. Tried before the Hon. John Moore. The indictment in this case was found at tbe April term, 1866, and charged that the defendant, before the finding thereof, “ sold vinous or spirituous liquors without a license, and contrary to law.”

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Erom the Circuit Court of Bibb. Tried before the Hon. John Moore. The indictment in this case was found at tbe April term, 1866, and charged that the defendant, before the finding thereof, “ sold vinous or spirituous liquors without a license, and contrary to law.” “ On the trial,” at the October term, 1866, as the bill of exceptions states, “a witness was introduced for the State, who testified that, at a place called Benson in said county, lie purchased from the defendant two bottles of whiskey, which he carried out of the defendant’s store, into a public road, five or ten steps from the…

1Opinion of the CourtByrd, J.

After giving a careful consideration to the able argment of the counsel for the appellant, we feel constrained to affirm the judgment of the court below, on the authority of the cases cited on the brief of the attorney-general. The charge'of the court is correct.

In referring to the case of Patterson v. The State, as .authority, we do not commit ourselves to the position that, if the liquor is drunk in another State, although on or about the premises of the seller, he is guilty, as matter of law or fact, of the offense of retailing under section 1058 of the Code.

Judgment affirmed.

2Cited by2 opinions

  1. Clark v. StateSupreme Court of Arkansas · 1887
  2. Whaley v. StateSupreme Court of Alabama · 1888

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