Legal Opinion

Page v. State

Supreme Court of Alabama

Decided January 15, 1847PublishedCited by 2 opinions

Writ of Error to the Circuit Court of Greene. The plaintiffs in error were indicted for selling s'pirituous liquors in less quantities than one quart, without a license, and having pleaded “ not guilty,” the cause was submitted to a jury, who returned a verdict of guilty, and assessed the fine of each of the defendants at $20; judgment was thereon rendered.

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Writ of Error to the Circuit Court of Greene. The plaintiffs in error were indicted for selling s'pirituous liquors in less quantities than one quart, without a license, and having pleaded “ not guilty,” the cause was submitted to a jury, who returned a verdict of guilty, and assessed the fine of each of the defendants at $20; judgment was thereon rendered. It was admitted on the trial by the defendants, that they had retailed spirituous liquors in less quantities than one quart; but they offered in evidence a license to keep a tavern in the town of Eutaw, in the county in which the offence…

1Opinion of the CourtCollier, C. J.

In The State v. Cloud, 6 Ala. Rep. 628, the question before this court was, whether it was an *851indictable offence to keep a house of public entertainment for travelers, without first obtaining a license from the county-court. After answering this question in the affirmative, it is said that the offence of retailing spirituous liquors without license is distinct from this, although the legislature by the act of 1807 considered a tavern, not only a house for the entertainment of travelers, but also for the sale of liquors; but it was supposed that the act of 1843, “ to raise a revenue for the…

2Cases cited1 opinion

  1. State v. CloudSupreme Court of Alabama · 1844

3Cited by2 opinions

  1. Mayor v. AllaireSupreme Court of Alabama · 1848
  2. In re WatsonDistrict Court, D. Vermont · 1882

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