Legal Opinion

Raisler v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 20 opinions

Eeom the Circuit Court of Limestone. Tried before the Hon. W. 33. "Wood. The indictment in this case contained only one count, which charged that the defendant “ sold, bartered, exchanged, or otherwise disposed of, or permitted to be taken, spirituous, vinous, or malt liquors, in quantities less than a quart, without license, and contrary to law.”

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Eeom the Circuit Court of Limestone. Tried before the Hon. W. 33. "Wood. The indictment in this case contained only one count, which charged that the defendant “ sold, bartered, exchanged, or otherwise disposed of, or permitted to be taken, spirituous, vinous, or malt liquors, in quantities less than a quart, without license, and contrary to law.” The defendant pleaded not guilty, without raising any objection to the indictment; and during the trial reserved several exceptions to the rulings of the court, which, however, require no special notice. argued the several questions reserved by the…

1Opinion of the Court

STONE, J. —

The indictment in this case is fatally defective, under section 3618 of the Revised Code. That section prohibits the sede of vinous or spirituous liquors in quantities less than a quart, without license. The present indictment *65is framed in the disjunctive, and charges that the defendant “ sold, bartered, exchanged, or otherwise disposed of, or permitted to be taken, spirituous, vinous, or malt liquors,” etc. Several of these disjunctive averments charge no offense known to the law. The indictment thus' charges that the defendant did one of several acts, many of which are not…

2Cases cited5 opinions

  1. Andrews v. McCoySupreme Court of Alabama · 1846
  2. Harris v. StateSupreme Court of Alabama · 1874
  3. David v. ShepardSupreme Court of Alabama · 1867
  4. Bryant v. StateSupreme Court of Alabama · 1871
  5. Espy v. StateSupreme Court of Alabama · 1872

3Cited by20 opinions

  1. Nelson v. StateCourt of Criminal Appeals of Alabama · 1973
  2. Jackson v. StateSupreme Court of Alabama · 1938
  3. State v. CollinsSupreme Court of Alabama · 1917
  4. Mehaffey v. StateAlabama Court of Appeals · 1917
  5. State v. NixSupreme Court of Alabama · 1910

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