Vernon v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Tom Yernon was convicted of purchasing liquor in violation of law, and appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Tom Yernon was convicted of purchasing liquor in violation of law, and appeals. Under the evidence in this case the affirmative charge should have been given. — Maxwell v. The State, 120 Ala. 375; Sec. 7363, Code 1907. The interstate feature of the transaction ceased when the contents were removed from the package.— Keith v. The State, 91 Ala. 2; Tinker v. The State, 90 Ala. 639. The defendant was properly convicted.— Mitchell v .The State, 141 Ala. 90.
1Opinion of the CourtMcCLELLAN, J.
These were the facts developed on the trial: Sargent requested the defendant, and he consented, to order for Sargent, from a dealer in the state of Tennessee, two quarts of whiskey. Sargent gave defendant $1.25, and defendant was indebted to Sargent in the sum of $1. Defendant ordered four quarts of whiskey from such dealer, the total price of which was $4.50. The whisky (four quarts) was addressed to and received by defendant by express carriage. The shipment was packed in one box. Defendant opened the box -and took therefrom two of' the quarts for delivery, and *85did deliver them to Sargent,…
2Cases cited5 opinions
- Keith v. StateSupreme Court of Alabama · 1890
- Amos v. StateSupreme Court of Alabama · 1883
- Tinker v. StateSupreme Court of Alabama · 1891
- Maples v. StateSupreme Court of Alabama · 1900
- Maxwell v. StateSupreme Court of Alabama · 1898
3Cited by4 opinions
- Arrington v. StateAlabama Court of Appeals · 1915
- Swope v. StateAlabama Court of Appeals · 1915
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Perry v. Southern Express Co.Supreme Court of Alabama · 1919