Easterling v. State
Supreme Court of Alabama
From tbe Circuit Court of "Wilcox. Tided before tbe Hon. Robert Douuherty. The indictment in this case was in the form prescribed by tbe Code. Tbe evidence is thus set out in tbe bill of exceptions.
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From tbe Circuit Court of "Wilcox. Tided before tbe Hon. Robert Douuherty. The indictment in this case was in the form prescribed by tbe Code. Tbe evidence is thus set out in tbe bill of exceptions. “It was proved that tbe defendant, within .twelve months before tbe finding of tbe indictment, sold a quart of brandy peaches, with tbe liquor in which they had been preserved, to a gentleman who took them off, in the defendant’s quart measure, and carried them around in front of a store which stood on tbe opposite side of the street from defendant’s, and which faced from defendant’s bouse; that…
1Opinion of the CourtRice, C. J.
The statute of force in 1847 and 1848, which prohibited the retailing of spirituous liquors except *48by licensed persons, permitted merchants and shopkeepers to sell by the quart, if the liquor was not drank in their stores, or on the premises where they resided or had their .stores. In 1847, in Swan v. The State, 11 Ala. 594, this court held, that the term “premises,” as used in that statute, meant “something over which an individual has control, either by actual possession, or by claiming and exercising the right to prevent the occupation by others.” In 1848, in Downman v. The State, 14 Ala.…
2Cases cited2 opinions
- Downman v. StateSupreme Court of Alabama · 1848
- Swan v. StateSupreme Court of Alabama · 1847
3Cited by11 opinions
- Pinson v. StateSupreme Court of Florida · 1891
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Jones v. StateSupreme Court of Alabama · 1892
- Brown v. StateSupreme Court of Alabama · 1858
- Pearce v. StateSupreme Court of Alabama · 1867
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