Espy v. State
Supreme Court of Alabama
Appeal from the City Court of Eufaula. Tried before Hon. E. M. Neils. The appellant was tried Upon the following indictment i “ The State of Alabama,) Eufaula City Court, June Term, Barbour County. f 1871. The grand jury for said county charge, that before the finding of this indictment, Seaborn Espy, being engaged in the business of selling vinous or spirituous liquors, did sell vinous or spirituous liquors by the wholesale, without license, and contrary to law, against the…
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Appeal from the City Court of Eufaula. Tried before Hon. E. M. Neils. The appellant was tried Upon the following indictment i “ The State of Alabama,) Eufaula City Court, June Term, Barbour County. f 1871. The grand jury for said county charge, that before the finding of this indictment, Seaborn Espy, being engaged in the business of selling vinous or spirituous liquors, did sell vinous or spirituous liquors by the wholesale, without license, and contrary to law, against the peace and dignity of the State of Alabama. A. Y. Lee, Solicitor, “ Barbour County, Alabama.” He was convicted, and…
1Opinion of the CourtPeters, J.
1. The motion in arrest of judgment assails the sufficiency of the charge laid in the indictment. The indictment is sufficient. It follows the form laid down in the Revised Code. These forms have been repeatedly held sufficient by this court. — Rev. Code, p. 811, No. 30; Elam v. The State, 25 Ala. 53; Gabriel v. The State, 40 Ala. 357. The motion in arrest of judgment was, therefore, properly overruled.
2. It is quite obvious that the charge given by the court, *538ex mero motn, is a charge upon the effect of the evidence. It was given without being “ required to do so by one of the parties.” —…
2Cases cited5 opinions
- Elam v. StateSupreme Court of Alabama · 1854
- Carter v. StateSupreme Court of Alabama · 1870
- Edgar v. StateSupreme Court of Alabama · 1869
- Gabriel v. StateSupreme Court of Alabama · 1867
- Johnson v. StateSupreme Court of Alabama · 1870
3Cited by2 opinions
- Harris v. StateSupreme Court of Alabama · 1874
- Raisler v. StateSupreme Court of Alabama · 1876