Legal Opinion

Martin v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 37 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant was indicted for retailing liquor without license. He was employed as an agent or employee of the Standard Club, which was organized in the city of Montgomery, and incorporated under the general laws of the State, for literary and social purposes.

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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. The defendant was indicted for retailing liquor without license. He was employed as an agent or employee of the Standard Club, which was organized in the city of Montgomery, and incorporated under the general laws of the State, for literary and social purposes. It was governed by a constitution and by-laws, and occupied three rooms in the second and third stories of a building in the city of Montgomery. According to its laws, only the members, or persons specially invited, could enter the premises of the club, or…

1Opinion of the CourtStone, J.

— The present indictment was found and tried in July, 1877, under section 3618 of the Revised Code. The indictment is in the exact language of form 30 of that Code-for retailing spirituous liquors without license, and is good and sufficient under that statute.

Our statutes have carefully discriminated between the two offences — one for “ retailing spirituous liquors without license,” under section 3618, and the other under the clause of the revenue law which forbids the “engaging in the business” of retailing without a license. Under the one, a conviction may be had for a single offence. Under…

2Cases cited6 opinions

  1. Weil v. StateSupreme Court of Alabama · 1875
  2. Mulvey v. StateSupreme Court of Alabama · 1869
  3. Winter v. StateSupreme Court of Alabama · 1857
  4. Hafter v. StateSupreme Court of Alabama · 1874
  5. Campbell v. StateSupreme Court of Alabama · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. State v. DukeTexas Supreme Court · 1911
  2. Beauvoir Club v. StateSupreme Court of Alabama · 1907
  3. Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
  4. State v. DukeTexas Supreme Court · 1911
  5. Koenig v. StateCourt of Criminal Appeals of Texas · 1894

32 more not listed; retrieve them via the Exa API.

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