Gratton v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. John Gratton was convicted of a violation of tbe local option law, and be appeals. Tbe indictment charges that tbe defendant sold spirituous, vinous, or malt liquors without a license, and contrary to law. Tbe oral charge excepted to was as follows : “If you find tbe defendant guilty under this indictment, it is for you to fix tbe punishment; that tbe court cannot add to it.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. John Gratton was convicted of a violation of tbe local option law, and be appeals. Tbe indictment charges that tbe defendant sold spirituous, vinous, or malt liquors without a license, and contrary to law. Tbe oral charge excepted to was as follows : “If you find tbe defendant guilty under this indictment, it is for you to fix tbe punishment; that tbe court cannot add to it. This prosecution is brought under what is called tbe Smith Regulation Act, and section 34 of that act provides that for tbe first offense thereunder tbe…
1Opinion of the CourtWalker, P. J.
The indictment in this case Avas demurred to on the ground that “it charges no offense under the laws of Alabama.” Its language was such as to make it a sufficient charge of a violation of the general prohibition law which was in effect in Montgomery county within 12 months before it Avas found.—Scott v. State, 3 Ala. App. 142, 57 South. 413. The same language Avas appropriate to charge a violation of the law under which, as the result of an election held Avithin that period, the sale of spirituous, vinous, or malt liquors was permitted to be licensed in that county.— Code, § 7353; General…
2Cases cited5 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Kelly v. StateSupreme Court of Alabama · 1911
- Scott v. StateAlabama Court of Appeals · 1912
- English v. StateSupreme Court of Alabama · 1860
- Maxwell v. StateAlabama Court of Appeals · 1912
3Cited by6 opinions
- Hollingsworth v. StateCourt of Criminal Appeals of Alabama · 1978
- Sales v. StateAlabama Court of Appeals · 1942
- Crawley v. StateAlabama Court of Appeals · 1916
- Warren v. StateAlabama Court of Appeals · 1946
- Flowers v. StateAlabama Court of Appeals · 1916
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