Legal Opinion

Guarreno v. State

Supreme Court of Alabama

Decided December 20, 1906PublishedCited by 13 opinions

Selling Liquor Without License. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Jasper Guarreno was convicted of selling intoxicating liquors, and be appeals.

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Selling Liquor Without License. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Jasper Guarreno was convicted of selling intoxicating liquors, and be appeals. Tbe defendant was tried upon tbe following indictment : “Tbe grand jury of said county charge that, before tbe finding of this indictment, Jasper Guarreno, sold spirituous, vinous, or malt liquors without license and contrary to law; that Jasper Guarreno did sell, give away, or otherwise dispose of spirituous or malt liquors without a license, and .contrary to law; that Jasper Guarreno did unlawfully sell, give away,…

1Opinion of the CourtDenson, J.

Whether the state relied for conviction on proof of a sale in violation of the general law (section 5076 of the Code of 1896), or proof of a sale in violation of a special or local prohibition law, there can be no donbt of the sufficiency of the first count in the indictment. Evidence to support a conviction, however, under this count should be confined to a sale. — Powel’s Case, 69 Ala. 10; Boon’s Case, Id. 226; Olmstead’s Case, 89 Ala. 16, 7 South. 775; Williams’ Case, 91 Ala. 14, 8 South. 668; Compton’s Case, 95 Ala. 25, 11 South. 69; Code 1896, § 5077.

The words, “within the place…

2Cases cited10 opinions

  1. Powell v. StateSupreme Court of Alabama · 1881
  2. Clark v. StateSupreme Court of Alabama · 1851
  3. McIntosh v. StateSupreme Court of Alabama · 1903
  4. Untreinor v. StateSupreme Court of Alabama · 1906
  5. Olmstead v. StateSupreme Court of Alabama · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Allison v. StateAlabama Court of Appeals · 1911
  2. Coleman v. StateSupreme Court of Alabama · 1907
  3. Darrington v. StateSupreme Court of Alabama · 1909
  4. Lambie v. StateSupreme Court of Alabama · 1907
  5. Scott v. StateSupreme Court of Alabama · 1907

8 more not listed; retrieve them via the Exa API.

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