Karthaus v. State
Alabama Court of Appeals
Appeal from Circuit Court, Madison; County; Robert C. Brickell, Judge. Fred Karthaus was convicted of carrying on business without a license, and he appeals.’ The sale was an executor’s sale, exempt from the payment of license. Acts 1919, p. 396. The statute has reference to regular and legal employment, not to an occasional act. 16 Ala.
Read the full summary
Appeal from Circuit Court, Madison; County; Robert C. Brickell, Judge. Fred Karthaus was convicted of carrying on business without a license, and he appeals.’ The sale was an executor’s sale, exempt from the payment of license. Acts 1919, p. 396. The statute has reference to regular and legal employment, not to an occasional act. 16 Ala. App. 476, 79 South. 150. When a license to do a general business has been paid, another license cannot be exacted for the doing of a particular act. 143 Ala. 506, 39 South. 297. The fact of payment of a license by the auctioneer did not exempt the defendant.…
1Opinion of the Court
BRICKEN, P.’ J.
From a judgment of conviction under a complaint charging the defendant with having engaged in or carrying on a business, viz. an auction sale, without having first taken out and paid for a license therefor, he appeals.
The cause was submitted to the court without a jury, upon an agreed statement of facts, which are as follows:
“It is agreed that the facts of this case are as follows: At the time of the alleged offense defendant was engaged in the retail jewelry business at Huntsville, Madison county, Ala.; the business being conducted under the name and style of E. Karthaus’…
2Cases cited1 opinion
- Braxton v. City of SelmaAlabama Court of Appeals · 1918
3Cited by3 opinions
- Jones v. StateAlabama Court of Appeals · 1933
- Azar v. StateAlabama Court of Appeals · 1936
- State v. KartusAlabama Court of Appeals · 1935