Banks v. State
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before the Hon. John P. Hubbakd. The appellant in this case, Henry Banlcs, was indicted, tried and convicted for selling liquor to a minor.
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Appeal from Circuit Court of Henry. Tried before the Hon. John P. Hubbakd. The appellant in this case, Henry Banlcs, was indicted, tried and convicted for selling liquor to a minor. On the trial of the case the State introduced one Tullis Hutto as a witness, who testified that he was not 21 years of age; that within 12 months before the finding of the indictment, he, the defendant and one Kirkland were talking together on the streets in Abbe-ville, Henry County; that Kirkland asked him if he wanted some whiskey, and told him that there was some whiskey in the railroad depot in Abbeville and…
1Opinion of the CourtMcCLELLAN, C. J.
On one aspect of tbe evidence in this case it was open to the jury to find that the defendant, in paying tbe bank for the whiskey which belonged to Haskell & Co., and delivering it to Hntto, •the minor, and the others, acted solely as the agent of 'Hutto and the other parties who had supplied' him with the money to buy the liquor for them; and if the jury found these to be the facts their right and duty was to acquit the defendant. — Bryant v. State, 82 Ala. 51, and cases there cited; DuBois v. State, 87 Ala. 101. The ■circuit court, therefore, erred in giving the affirmative charge for the…
2Cases cited2 opinions
- DuBois v. StateSupreme Court of Alabama · 1888
- Bryant v. StateSupreme Court of Alabama · 1886
3Cited by1 opinion
- Gordon v. CorningIndiana Supreme Court · 1910