Patterson v. State
Supreme Court of Alabama
From the Circuit Court of Lauderdale, Tried before the Hou. ¥m, S. Mudd. The bill of exceptions in this case is as follows: “ On the trial of this case, Hugh R. Reynolds, a witness for the State, testified, that he bought a quart of whiskey from the defendant, at the time mentioned in the indictment, in the county of Lauderdale; and that he took it, in a quart cup belonging to the defendant, about fifty yards from the grocery, across the State line into Tennessee, and upon…
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From the Circuit Court of Lauderdale, Tried before the Hou. ¥m, S. Mudd. The bill of exceptions in this case is as follows: “ On the trial of this case, Hugh R. Reynolds, a witness for the State, testified, that he bought a quart of whiskey from the defendant, at the time mentioned in the indictment, in the county of Lauderdale; and that he took it, in a quart cup belonging to the defendant, about fifty yards from the grocery, across the State line into Tennessee, and upon the land of a man by the name of Adams, where he and others drank it. It was proved, also, that 'the defendant kept' a…
1Opinion of the CourtStone, J.
It is clear that, under section 1058 of the Code, neither the fact that the liquor was drunk in the State of Tennessee, nor that the drinking took place on lands over which the defendant had no control, would, as matter of law, require the acquittal of the accused. See Easterling v. The State, 30 Ala. 46; Downman v. The State, 14 Ala. 243; Brown v. The State, 31 Ala. 353.
Judgment of the circuit court affirmed.
2Cases cited2 opinions
- Easterling v. StateSupreme Court of Alabama · 1857
- Brown v. StateSupreme Court of Alabama · 1858
3Cited by2 opinions
- Jones v. StateSupreme Court of Alabama · 1892
- Whaley v. StateSupreme Court of Alabama · 1888