Barefield v. State
Alabama Court of Appeals
Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Luther Barefield was convicted of a liquor violation, and appeals. The indictment in this case was returned at the September term, 1914, of the circuit court of Henry county, and is in the form prescribed by the statute, charging: “That the defendant sold, offered for sale, kept for sale, or otherwise disposed of spirituous, vinous, or malt liquors, contrary to law.”
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Appeal from Henry Circuit Court. Heard before Hon. M. Sollie. Luther Barefield was convicted of a liquor violation, and appeals. The indictment in this case was returned at the September term, 1914, of the circuit court of Henry county, and is in the form prescribed by the statute, charging: “That the defendant sold, offered for sale, kept for sale, or otherwise disposed of spirituous, vinous, or malt liquors, contrary to law.” On the trial the state offered one Chancey, who testified that witness and Lonnie Riley bought one pint of whisky from the defendant at “Bonzie Snell’s house,” when Ab…
1Opinion of the CourtBrown, J.
On trial under an indictment which charges in the alternative several offenses in the same count, the state will not be held to have elected by the mere introduction of evidence which sustains one or more of the several charges.—Carleton v. State, 100 Ala. 131, 14 South. 472; Untreinor v. State, 146 Ala. 133, 41 South. 170. The indictment not only charges an unlawful sale, but charges in the alternative that the defendant sold, kept for sale, or otherwise disposed of prohibited liquors, and covers any manner of disposition by which such prohibited liquors and beverages may pass unlawfully…
2Cases cited24 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Allison v. StateAlabama Court of Appeals · 1911
- Elam v. StateSupreme Court of Alabama · 1855
- Treadwell v. StateSupreme Court of Alabama · 1909
- Hughes v. StateSupreme Court of Alabama · 1860
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Watkins v. StateAlabama Court of Appeals · 1953
- Chancellor v. StateAlabama Court of Appeals · 1954
- Moragne v. StateAlabama Court of Appeals · 1917
- Frazier v. StateAlabama Court of Appeals · 1923
- Brooms v. StateAlabama Court of Appeals · 1916
7 more not listed; retrieve them via the Exa API.