Carson v. State
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before Hon. L. E. Box. . The indictment in this cause charged that the defendant “ did sell intoxicating bitters to a person in quantities less than •forty gallons, within one mile of the court house, in the town •of Asimile, in the county of St. Clair, contrary to an act of the General Assembly of the State of Alabama, approved February 1st, 1871, and against the peace,” etc.
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Appeal from St. Clair Circuit Court. Tried before Hon. L. E. Box. . The indictment in this cause charged that the defendant “ did sell intoxicating bitters to a person in quantities less than •forty gallons, within one mile of the court house, in the town •of Asimile, in the county of St. Clair, contrary to an act of the General Assembly of the State of Alabama, approved February 1st, 1871, and against the peace,” etc. The defendant ■demurred to the indictment, and his demurrer having been overruled, the cause was tried on the. pea of not guilty, and the defendant was convicted of the offense…
1Opinion of the CourtSomebyille, J.
The appellant was convicted in this case of selling intoxicating bitters contrary to the provisions of a local or special prohibitory law. The law in question wras approved February 1st, 1871, and is entitled “ An act to prohibit the sale or otherwise disposing of spirituous, vinous or malt liquors, within one mile of the court house in the town of Ashville, in St. Clair county.” It prohibits the selling, giving or delivering to any person of “ spirituous, vinous or malt liquors, ale, lager beer or 'intoxicating bitters, in quantities less them forty gedlons,” within one mile from the court…
2Cases cited9 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Clark v. StateSupreme Court of Alabama · 1851
- Woodson v. MurdockSupreme Court of the United States · 1874
- Merkle v. StateSupreme Court of Alabama · 1861
- Wright v. PeopleIllinois Supreme Court · 1881
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3Cited by35 opinions
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- Carl v. StateSupreme Court of Alabama · 1888
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