Beauvoir Club v. State
Supreme Court of Alabama
Selling Liquor on Sunday. Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The Beauvoir Club was convicted of 'keeping open its clubroom for sale of intoxicating liquors on Sunday, and it appeals. Tbe indictment is set out in tbe opinion. Demurrers were interposed as follows: “(1) Said.indictment fails to state at tbe time of tbe commission of tbe offense charged tbis defendant was a merchant or shopkeeper.
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Selling Liquor on Sunday. Appeal from Montgomery City Court. Heard before Hon. W. H. Thomas. The Beauvoir Club was convicted of 'keeping open its clubroom for sale of intoxicating liquors on Sunday, and it appeals. Tbe indictment is set out in tbe opinion. Demurrers were interposed as follows: “(1) Said.indictment fails to state at tbe time of tbe commission of tbe offense charged tbis defendant was a merchant or shopkeeper. (2) That so much of tbe act approved February 23,1903, entitled ‘An act to prohibit tbe sale of liquor on Sunday’ (Gen. Acts. 1903, p. 64), as undertakes to prohibit and…
1Opinion of the CourtDenson, J.
— The indictment is in the following language: “The grand jury of said county charge that, before the finding of this indictment, Beauvoir Club, a corporation, did on Sunday unlawfully keep open a clubroom for the sale of spirituous, vinous, or malt li-*647quoits, against tbe peace and dignity of tbe state of Alabama.” It is founded on tbe act of tbe Legislature entitled “An act to prohibit tbe sale of liquor on Sunday,” approved February 23, 1903 (Pampb. Acts 1903, p. 64). Tbe defendant demurred to tbe indictment on tbe ground, among others, that “so much of said act as undertakes to penalize…
2Cases cited16 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Bartemeyer v. IowaSupreme Court of the United States · 1874
- Martin v. StateSupreme Court of Alabama · 1877
- City Council v. BirdsongSupreme Court of Alabama · 1899
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
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3Cited by32 opinions
- Butz v. StateCourt of Appeals of Maryland · 1959
- Douglas v. StateAlabama Court of Appeals · 1963
- Alabama Power Co. v. Citizens of StateSupreme Court of Alabama · 1999
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
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