Boyd v. State
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Andrew Boyd was convicted of violating the prohibition law, and he appeals. The original affidavit was made before the judge of the county court, and complained that, before the filing of the complaint, Andrew Boyd sold, offered for sale, bartered, exchanged, or otherwise disposed of spirituous, vinous, or malt liquors.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Andrew Boyd was convicted of violating the prohibition law, and he appeals. The original affidavit was made before the judge of the county court, and complained that, before the filing of the complaint, Andrew Boyd sold, offered for sale, bartered, exchanged, or otherwise disposed of spirituous, vinous, or malt liquors. Pending the trial, at the request of the solicitor, the court permitted the affidavit to be amended, so as to charge that Boyd aided or abetted or counseled or procured an unlawful sale or other disposition…
1Opinion of the Court
de GBAFFENBIED, J.
At common law there were no accessories in cases of misdemeanor. All persons concerned in the commission of a misdemeanor were, at common 'law, principals.—English v. State, 35 Ala. 428; Scott v. State, 30 Ala. 503; 1 Mayfield’s Dig. p. 4, § 9.
The defendant was tried upon an affidavit charging him with a misdemeanor, in that, in violation of law, he sold spirituous, vinous, or malt liquors. The evidence, without dispute, showed that the defendant bought, as an “assisting friend” for Gaston Collier, some whiskey from a negro, who sold the whiskey in Limestone county in…
2Cases cited8 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Scott v. StateSupreme Court of Alabama · 1857
- Head v. HunnicuttSupreme Court of Alabama · 1911
- Darrington v. StateSupreme Court of Alabama · 1909
- Bonds v. StateSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kennedy v. StateAlabama Court of Appeals · 1958
- Hochman v. StateSupreme Court of Alabama · 1956
- R.L.G. v. StateCourt of Criminal Appeals of Alabama · 1997
- R.A.S. v. StateSupreme Court of Alabama · 1998
- Copeland v. StateCourt of Criminal Appeals of Alabama · 1984
5 more not listed; retrieve them via the Exa API.