Thomason v. State
Supreme Court of Alabama
From tlie Circuit Court of Blount. Tried before the ILon. Leroy F. Box. The indictment in this case, which was found at the September term, 1880, contained two counts; the first charging that the defendant, “before the finding of this indictment, sold vinous or spirituous liquors without license, and contrary to law;” and the second, that the defendant, “not. having first procured a license as a retailer from the proper legal authority under the revenue law, did sell vinous…
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From tlie Circuit Court of Blount. Tried before the ILon. Leroy F. Box. The indictment in this case, which was found at the September term, 1880, contained two counts; the first charging that the defendant, “before the finding of this indictment, sold vinous or spirituous liquors without license, and contrary to law;” and the second, that the defendant, “not. having first procured a license as a retailer from the proper legal authority under the revenue law, did sell vinous or spirituous liquors, which was drunk on or about the premises, against the peace,” &c. The bill of exceptions states,…
1Opinion of the CourtStone, J.
The defendant was indicted under section 4202 of the Code of 1876, as amended December 3d, 1878. — Pamph. Acts, 1878-9, page 71. The only exception reserved was to the refusal of the court to allow the defendant to make certain proof. We think there was no error in this. The testimony offered proved nothing material. The substance of it was, that the seller was a practicing physician, and the family physician of the buyer; “that he [the buyer] obtained the liquor for the purpose of making- camphor; that he wanted it for that purpose; that the liquor was used by his family;” and “that the wife…
2Cited by3 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Moss v. StateSupreme Court of Alabama · 1903
- Russell v. StateSupreme Court of Alabama · 1918