Legal Opinion

Bryant v. State

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 2 opinions

Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. ■ The facts appear in the opinion. — The indictment is framed under the revenue law of 1868. It is insufficient in not averring that the business was engaged in since the third Monday in March, 1869, § 111 of revenue law of 1868, (Acts 1868, p. 330.) 2. The proof shows that the whisky was sold on only one occasion, and that selling whisky was not the vocation of the defendant.

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Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. ■ The facts appear in the opinion. — The indictment is framed under the revenue law of 1868. It is insufficient in not averring that the business was engaged in since the third Monday in March, 1869, § 111 of revenue law of 1868, (Acts 1868, p. 330.) 2. The proof shows that the whisky was sold on only one occasion, and that selling whisky was not the vocation of the defendant. No conviction could be had upon this testimony. — See Moore v. The State, 16 Ala.; Carter v. The State, 44 Ala., and cases there cited.

1Opinion of the CourtB. E. Saeeold, J.

The appellant was indicted under § 111 of the revenue act of 1868, for being engaged in or carrying on the business of a retailer in spirituous, vinous or malt liquors, without having paid fop and taken out a license to engage in and carry on said business, and was convicted.

The proof was that he was a farmer and carpenter, and that on one occasion, only, he had sold three half pints of whisky. He had not obtained any license. The offense charged is altogether different from that described in Revised Code, § 3618. A retail dealer in liquors is one who sells in less quantities than a quart. §…

2Cases cited1 opinion

  1. Carter v. StateSupreme Court of Alabama · 1870

3Cited by2 opinions

  1. Harris v. StateSupreme Court of Alabama · 1874
  2. Raisler v. StateSupreme Court of Alabama · 1876

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