Legal Opinion

Brinson v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 3 opinions

From the Circuit Court of Lowndes. Tried before the Hon. John Moore. The indictment in this case charged that the defendant, B. E. Brinson, “sold spirituous, vinous or malt liquors, without a license, and contrary to law.”

Read the full summary

From the Circuit Court of Lowndes. Tried before the Hon. John Moore. The indictment in this case charged that the defendant, B. E. Brinson, “sold spirituous, vinous or malt liquors, without a license, and contrary to law.” On the trial, as the bill of exceptions shows, the facts were agreed on, as follows: “It is agreed in this ease that the following are the facts: That defendant, on the 25th October, 1889, in the town of Hayneville in said county, sold a quart of whiskey to one H. Young, on the prescription of Dr. T. B. Stallings, a practicing physician, regularly licensed and practicing in…

1Opinion of the CourtSomerville, J.

The defendant was convicted of the offense of selling spirituous liquors without a license, and *108contrary to law. The evidence, as set out in the agreed statement of facts, showed that he sold a quart of whiskey, on October 25th, 1889, to one Young, in the town of Hayneville, and within two miles of the court-house, in the county of Lowndes. It was also an admitted fact, that the sale was made upon the prescription of one Dr. Stallings, who was a regularly licensed and practicing physician in said county, and was at the time a partner of the defendant in the drug business at Hayneville.

The…

2Cases cited1 opinion

  1. Abernathy v. StateSupreme Court of Alabama · 1885

3Cited by3 opinions

  1. Warren v. StateSupreme Court of Alabama · 1916
  2. Carson v. StateSupreme Court of Alabama · 1895
  3. State v. La ShierSouth Dakota Supreme Court · 1917

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API