Pearce v. State
Supreme Court of Alabama
From the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. The indictment in this case was found at the April term, 1866, and contained three counts : the first charging, that the defendant “unlawfully sold vinous or spirituous liquors, in quantities less than a quart the second, that he sold such liquors, “ by the quart, to -, a person of known intemperate habits”; and the third, that he sold such liquors without a license, and contrary to law, “ and did…
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From the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. The indictment in this case was found at the April term, 1866, and contained three counts : the first charging, that the defendant “unlawfully sold vinous or spirituous liquors, in quantities less than a quart the second, that he sold such liquors, “ by the quart, to -, a person of known intemperate habits”; and the third, that he sold such liquors without a license, and contrary to law, “ and did then and there suffer the same to be drunk on or about his premises.” The trial was had, on issue joined on the plea of not…
1Opinion of the CourtJudge, J.
The State relied for a conviction upon the sale to Maynard; and after proving this sale, the court permitted evidence to be introduced- of other sales, to another person, at other and different times, “not to convict for them, but to show knowledge by defendant that the liquor sold to Maynard was drunk about the premises, and to illustrate the character of the sale to Maynard.” Under the particular circumstances of this case, this evidence was admissible for the purpose stated.
2. We have carefully examined the charge which the court gave to the jury, and the two charges requested by the…
2Cases cited2 opinions
- Easterling v. StateSupreme Court of Alabama · 1857
- Brown v. StateSupreme Court of Alabama · 1858
3Cited by8 opinions
- Brown v. StateAlabama Court of Appeals · 1916
- Devine v. CommonwealthSupreme Court of Virginia · 1908
- Jones v. StateSupreme Court of Alabama · 1892
- Schilling v. StateIndiana Supreme Court · 1888
- Ketchum v. StateSupreme Court of Arkansas · 1916
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