Cagle v. State
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Luke Cagle appeals from a conviction for selling liquor without license and contrary to law.
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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Luke Cagle appeals from a conviction for selling liquor without license and contrary to law. The court erred in allowing the solicitor to challenge the juror Jackaway after he had been accepted by both the state and defendant. — Sparhes v. The State, 59 Ala. 82; Spigner i.\ The State, 62 Ala. 283; Smith v. The State, 55 Ala. 1. It is not competent for a witness to testify that he drank a beverage for the alcohol that was in it.- — 'Carl r. The State, 87 Ala. 17. It would not have been permissible for the jury to taste or…
1Opinion of the CourtDenson, J.
The Constitution and the statute law of the state require that all indictments must conclude “against the peace and dignity of the state of Alabama.” —Const. 1901, § 170; Code 1890, § 4893. An indictment which fails to contain the conclusion as stated fails to state an offense and will not support a conviction. The indictment as shown by the record in this case does not contain the conclusion required, and therefore the judgment of conviction must be reversed.
We note, too, that the second count in the indictment fails to contain the necessary averments that the sale was “without a license and…
2Cases cited1 opinion
- Andrews v. StateSupreme Court of Alabama · 1907
3Cited by10 opinions
- Brandies v. StateAlabama Court of Appeals · 1968
- Murray v. StateSupreme Court of Alabama · 1924
- Coker v. StateSupreme Court of Alabama · 1922
- Duin v. StateCourt of Criminal Appeals of Alabama · 1971
- Coker v. StateAlabama Court of Appeals · 1922
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