McPherson v. State
Supreme Court of Alabama
Appeal from Circuit Court of Choctaw. Tried before Hou. Luther R. Smith. Defendant was tried and convicted on an indictment, which charged that before the finding thereof he sold vinous or spirituous liquors, without license and contrary to law, against the peace, &c. The only witness introduced for the State, testified that he had frequently bought liquor of the defendant, but always in larger quantities than a quart, and that none of it was drank upon the premises.
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Appeal from Circuit Court of Choctaw. Tried before Hou. Luther R. Smith. Defendant was tried and convicted on an indictment, which charged that before the finding thereof he sold vinous or spirituous liquors, without license and contrary to law, against the peace, &c. The only witness introduced for the State, testified that he had frequently bought liquor of the defendant, but always in larger quantities than a quart, and that none of it was drank upon the premises. Upon this evidence, the court charged the jury, in substance, that if defendant sold whisky in any quantity, whether the same…
1Opinion of the CourtBrickell, C. J.
The statute, R. C. § 3618, denouncing retailing vinous or spirituous liquors in quantities of a quart or less, without license, or the selling such liquors to a per*223son of known intemperate habits, or the selling of the same in any quantity, and permitting it drunk on or about the premises of the seller, is not a mere revenue law.—Long v. State, 27 Ala. 32, It is rather a police regulation, for the preservation of the public peace, the protection of public morals, and the prevention of injury to individuals, habituated to an intemperate gratification of an appetite for strong drink.—Lodano v.…
2Cases cited6 opinions
- Elam v. StateSupreme Court of Alabama · 1855
- Harris v. StateSupreme Court of Alabama · 1874
- Elam v. StateSupreme Court of Alabama · 1854
- Long v. StateSupreme Court of Alabama · 1855
- Lodano v. StateSupreme Court of Alabama · 1854
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3Cited by15 opinions
- Abel v. StateSupreme Court of Alabama · 1891
- Bibb v. StateSupreme Court of Alabama · 1887
- McCreary v. StateSupreme Court of Alabama · 1883
- Patton v. StateAlabama Court of Appeals · 1957
- Scott & Scott, Inc. v. CITY OF MOUNT. BROOKSupreme Court of Alabama · 2002
10 more not listed; retrieve them via the Exa API.