Eubanks v. State
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Tried before the Hon. Samuel Chapman. Under the revenue law of 1843, (Clay’s Dig. 560, § 12,) no license is required for keeping a ten-pin alley, but the owner of any such alley Icept for flay is liable to an assessment of ten dollars, and upon his refusal to give in to the assessor the alley “ so kept foreplay,” the same is liable to be attached and sold by that officer for the payment of the tax.
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Error to the Circuit Court of Pickens. Tried before the Hon. Samuel Chapman. Under the revenue law of 1843, (Clay’s Dig. 560, § 12,) no license is required for keeping a ten-pin alley, but the owner of any such alley Icept for flay is liable to an assessment of ten dollars, and upon his refusal to give in to the assessor the alley “ so kept foreplay,” the same is liable to be attached and sold by that officer for the payment of the tax. So under the act of March 1848, no license is required for the mere keeping of a ten-pin alley — a thing that may as well be kept for amusement as a…
1Opinion of the CourtDargan, C. J.
William B. Eubanks was indicted in the Circuit Court of Pickens for keeping a ten-pin alley. Both counts of the indictment simply charge that “he did keep a tenpin alley without a license.” The defendant moved to quash the indictment, but the court overruled the motion, and the jury having returned a verdict of guilty, the court rendered judgment against the defendant. It is now contended that the court erred in refusing to quash the indictment. The 98th section of the Revenue Act of 1848 provides that each and every person engaged in or about or intending to be engaged in the following…
2Cases cited3 opinions
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3Cited by12 opinions
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