Badgett v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Badgett was convicted of selling liquor without license, and appeals. The affidavit charges that “Will Badgett engaged in or carried on the business of a retail dealer in spirituous, vinous, or malt liquore, in the town of Brookside, of less than 1,000 inhabitants, without a license and contrary to law, against the peace and dignity,” etc.
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Appeal from Jefferson Criminal Court. Heard before Hon. S. L. Weaver. Will Badgett was convicted of selling liquor without license, and appeals. The affidavit charges that “Will Badgett engaged in or carried on the business of a retail dealer in spirituous, vinous, or malt liquore, in the town of Brookside, of less than 1,000 inhabitants, without a license and contrary to law, against the peace and dignity,” etc. The court adjudged that defendant ivas guilty as charged in the affidavit, and fixed his punishment at six months hard labor for the county, together with the costs in that behalf…
1Opinion of the CourtDenson, J.
— The affidavit upon which the defendant was tried and convicted was sued out on the 29th day of February, 1908, and in terms charges a violation of the revenue statute (section 5476 of the Code of 1896). The case was tried in the criminal court of Jefferson county without a jury. There is no bill of exceptions in the record, but the judgment entry recites that “after hearing the evidence the court is satisfied that the defendant is guilty as charged in the affidavit/-’
The only punishment prescribed by the statute for the offense charged in the affidavit, and which the court could legally…
2Cases cited1 opinion
- Cost v. StateSupreme Court of Alabama · 1892
3Cited by4 opinions
- Duy v. Alabama Western Railway Co.Supreme Court of Alabama · 1911
- Kelly v. StateSupreme Court of Alabama · 1911
- McGuire v. StateAlabama Court of Appeals · 1923
- Hall v. StateAlabama Court of Appeals · 1941