Swan v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Indictment against Swan for retailing spirituous liquors in quantities less than one gallon, and permitting the same to be- drank on his premises.
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Writ of Error to the Circuit Court of Sumter. Indictment against Swan for retailing spirituous liquors in quantities less than one gallon, and permitting the same to be- drank on his premises. At the trial, it was in proof that the defendant sold the witness one quart of whisky, which the purchaser took from the house of defendant to a work bench some fifteen or twenty steps from the house, and there it was drank, by the witness and some other persons, from glasses furnished by defendant, and in presence of defendant, who made no objection. The work bench was between the house of defendant…
1Opinion of the CourtGoldhwaite, J.
The statute which prohibits the retailing of spirituous liquors except by licensed persons, permits merchants and shopkeepers to sell by the quart, so that the liquor be not drank with their consent and privity in their stores or on the premises where they reside or have their stores,1 (Dig. 554, <§> 4,) and the question is whether the proof in this cause brings the defendant within the terms and intention of the statute. It is evident the terms, or on the premises where they reside or have their stores, were intended to mean something different from that which had been previously expressed…
2Cited by3 opinions
- Easterling v. StateSupreme Court of Alabama · 1857
- Brown v. StateSupreme Court of Alabama · 1858
- Schilling v. StateIndiana Supreme Court · 1888