Smith v. State
Supreme Court of Alabama
EboM tbe Circuit Court of Cboctaw. Tried before tbe Hon. Luther R. Smith. Tbe indictment in tbis case, wbicb was found in May, 1876, charged tbat tbe defendant, Richard R. Smith, “did sell, or give away, to John H. Wilson, a man of known intemperate habits, spirituous, vinous, or malt liquors, without tbe requisition of a physician for medical purposes.”
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EboM tbe Circuit Court of Cboctaw. Tried before tbe Hon. Luther R. Smith. Tbe indictment in tbis case, wbicb was found in May, 1876, charged tbat tbe defendant, Richard R. Smith, “did sell, or give away, to John H. Wilson, a man of known intemperate habits, spirituous, vinous, or malt liquors, without tbe requisition of a physician for medical purposes.” Tbe defendant demurred to tbe indictment — 1st, because it was founded on tbe act approved March 18, 1876, entitled “ An act to render more explicit and to provide for tbe better enforcement of tbe provisions of law in reference to tbe sale…
1Opinion of the Court
BRICKELL, C. J. —
1. The only question presented by the demurrer to the indictment is the constitutionality of the act, approved March 18, 1875 (Pamph. Acts 1874-5, p. 280), entitled “ An act to render more explicit and to provide for the better enforcement of the provisions of law, in reference to the sale or giving away of spirituous, vinous, or malt liquors in this State.” This question was fully considered in Adler v. State, at the present term, and the constitutionality of the act affirmed.
2. Indictments for misdemeanors, or for felonies which may not be punished capitally, are triable by…
2Cases cited14 opinions
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- State v. MoreaSupreme Court of Alabama · 1841
- State v. WilliamsSupreme Court of Alabama · 1831
- Powell v. StateSupreme Court of Alabama · 1854
- Birdsong v. StateSupreme Court of Alabama · 1872
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3Cited by42 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Dothard v. DensonSupreme Court of Alabama · 1882
- Atwell v. StateCourt of Criminal Appeals of Alabama · 1977
- Brown v. WoolvertonSupreme Court of Alabama · 1928
- Roberts v. StateSupreme Court of Alabama · 1881
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