Elam v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Geo. D. Shortridge. The indictment in this case, found at the September term, 1858, of tbe Circuit Court, is as follows: “ Tbe grand jury of said county charge, that, before tbe finding of this indictment, John Elam sold spirituous liquor, without a license, and contrary to law, against tbe peace and dignity of the State of Alabama.”
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Appeal from tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Geo. D. Shortridge. The indictment in this case, found at the September term, 1858, of tbe Circuit Court, is as follows: “ Tbe grand jury of said county charge, that, before tbe finding of this indictment, John Elam sold spirituous liquor, without a license, and contrary to law, against tbe peace and dignity of the State of Alabama.” Tbe defendant demurred to tbe indictment, but bis demurrer was overruled; and on tbe trial, be was convicted, on proof of selling to a person of known intemperate habits.— He moved to exclude from…
1Opinion of the Court
LIQON, J. —
The indictment in this case is drawn in strict conformity with the directions given in the Code (§ 1059), and is therefore sufficient. Under such an indictment, the defendant may be called on to answer for any violation of the law concerning retailing which may be proved against Mm on the trial. We have already held, upon the fullest consideration, that when the Code prescribes a form, or specially directs what shall be charged in an indictment for a particular class of offences, the proper course is, for the pleader to adopt the form, or pursue the special directions thus given. —…
2Cases cited1 opinion
- Brooks v. HildrethSupreme Court of Alabama · 1853
3Cited by17 opinions
- Commonwealth v. EylerSupreme Court of Pennsylvania · 1907
- Deloney v. StateSupreme Court of Alabama · 1932
- Elam v. StateSupreme Court of Alabama · 1855
- Jones v. StateSupreme Court of Alabama · 1902
- Sanders v. StateAlabama Court of Appeals · 1911
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