Legal Opinion

Joyner v. State

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 19 opinions

Prom the County Court of Jackson. Tried before the Hon. John B. Tally. The indictment in this case was found'in the Circuit Court, at the May term, 1885, and charged that the defendant “sold vinous or spirituous liquors without license, and contrary to law.”

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Prom the County Court of Jackson. Tried before the Hon. John B. Tally. The indictment in this case was found'in the Circuit Court, at the May term, 1885, and charged that the defendant “sold vinous or spirituous liquors without license, and contrary to law.” The case seems to have been transferred to the County Court, though there is in the transcript no certificate of the fact; and a trial was there had before a jury, who returned a verdict of guilty, and assessed a fine of fifty dollars against the defendant. The judgment-entry sets out the verdict,' and then adds: “Thereupon, the…

1Opinion of the CourtStone, C. J.

Section 775 of the Code of 1876 was amended by the act approved February 13, 1879 — Sess. Acts, 42. By the amended section it was provided, that when, from any one of several enumerated causes, there was no solicitor in attendance, or the solicitor was incompetent, or refused to act, the presiding judge “ must appoint a competent attorney to act in the solicitor’s place.” The sections immediately preceding section 775 show on what occasions it was necessary for a solicitor to be present, competent and willing to act, for whose absence, incoinpetency, or refusal to act, if either occurred,…

2Cases cited3 opinions

  1. Sparrenberger v. StateSupreme Court of Alabama · 1875
  2. Holley v. StateSupreme Court of Alabama · 1883
  3. Nixon v. StateSupreme Court of Alabama · 1881

3Cited by19 opinions

  1. Palmer v. StateSupreme Court of Alabama · 1910
  2. Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
  3. Culbreath v. StateAlabama Court of Appeals · 1927
  4. Green v. StateSupreme Court of Alabama · 1892
  5. Elliott v. StateSupreme Court of Alabama · 1968

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