Seibert v. State
Supreme Court of Alabama
From tbe Circuit Court of Sumter. Tried beforeJbe Hon. James Cobbs. The indictment in this case contained but a single count, which charged that the defendant, Nicholas Seibert, before the finding of the indictment, “sold vinous or spirituous liquors, without a license, and contrary to law.”
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From tbe Circuit Court of Sumter. Tried beforeJbe Hon. James Cobbs. The indictment in this case contained but a single count, which charged that the defendant, Nicholas Seibert, before the finding of the indictment, “sold vinous or spirituous liquors, without a license, and contrary to law.” “On the trial,” as the bill of exceptions states, “one Peyton was offered as a witness on the part of the State,'and was asked by the prosecuting attorney, whether or not, before the finding of the indictment in this case, and after the 20th July last, he had ever obtained liquor from the defendant’s…
1Opinion of the CourtBybd, J.
1. The witness Peyton proved no fact tending to show that the prisoner sold any spirituous liquors in violation of law. His evidence, at most, tended to show that the accused had such liquors in his store, and that his wife was his clerk; and such evidence was admissible. For, if his wife was his clerk, and was authorized by him to sell *63liquor in less quantities than a quart, he having no license, then the accused would have been guilty, if his wife, by virtue of his authority, had violated the law; and it is not essential that he should be present at the time of the sale. The court properly…
2Cases cited2 opinions
- Nall v. StateSupreme Court of Alabama · 1859
- Patterson v. StateSupreme Court of Alabama · 1852
3Cited by5 opinions
- Daniel v. StateSupreme Court of Alabama · 1907
- Rash v. StateAlabama Court of Appeals · 1915
- Russell v. StateSupreme Court of Alabama · 1882
- Ollre v. StateCourt of Criminal Appeals of Texas · 1909
- Walters v. StateIndiana Supreme Court · 1910