Jones v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. Tbe indictment in this case contained four counts.
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Appeal from tbe Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. Tbe indictment in this case contained four counts. Tbe first count charged tbat tbe defendant, Will Jones, “did engage in or carry on tbe business of selling spirituous, vinous or malt liquors in quantities of less than one- quart, iñ a place of less tban one thousand inhabitants, without a license and contrary to law;” tbe second-count charged tbat be “engaged in or carried on tbe business of a retail liquor dealer in a place of, less tban one thousand inhabitants,without a license and contrary to • law; ” tbe…
1Opinion of the CourtThob.ington, J.
The argument of defendant’s counsel that the giving of the general affirmative charge ■ for the State was an invasion or denial of defendant’s constitutional right to a trial by jury can not prevail. It has been to.o long and too firmly settled in the jurisprudence of this State now to be disturbed, except by legislation, that giving of such charge by the trial court, in a criminal case, is not a denial or impairment of the defendant’s constitutional right to a trial by jury, when the evidence of. guilt is clear,-positive and undisputed. — Johnson v. State, 91 Ala. 70; Olmstead v. State, 89…
2Cases cited12 opinions
- Olmstead v. StateSupreme Court of Alabama · 1889
- Prestwood v. StateSupreme Court of Alabama · 1889
- Easterling v. StateSupreme Court of Alabama · 1857
- Brown v. StateSupreme Court of Alabama · 1858
- Pearce v. StateSupreme Court of Alabama · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Ex Parte GrimmettSupreme Court of Alabama · 1933
- Warren v. StateSupreme Court of Alabama · 1916
- Townsend v. StateSupreme Court of Alabama · 1902
- Stinson v. StateAlabama Court of Appeals · 1939
4 more not listed; retrieve them via the Exa API.