Toole v. State
Supreme Court of Alabama
Eeom tbe City Court of Anniston. Tried before the Hon. W. E. Johnston. The indictment in this case was found in April, 1889, and charged that the defendant, Harry Toole, “ did sell spirituous, vinous, or malt liquors, without a license, and contrary.to law.”
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Eeom tbe City Court of Anniston. Tried before the Hon. W. E. Johnston. The indictment in this case was found in April, 1889, and charged that the defendant, Harry Toole, “ did sell spirituous, vinous, or malt liquors, without a license, and contrary.to law.” On the trial, it appeared that the prosecution was founded on an alleged violation of the local law applicable to Calhoun county, approved Dec. 7th, 1886, and entitled, “ An act to prohibit the sale, giving away, or otherwise disposing of spirituous, vinous or malt liquors, or intoxicating bitters, or patent medicines having alcohol as a…
1Opinion of the CourtMoOLELLAN, J.
Among the questions prominent in this case, as presented by the record and by admissions at the bar, are those which involve the construction of the act to prohibit the - sale of liquor in Calhoun county, in respect to the notice required by section 4 of that act; the effect the omission of that notice has on the provisions of sections 5 and 6; whether, if the statutory requirement of notice is imperative, compliance with it had to be shown by the State on the trial of this case; and, finally, whether such compliance was shown.
The language of the statute, in the particulars under…
2Cases cited11 opinions
- United States v. RossSupreme Court of the United States · 1876
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Koch & Dryfus v. BridgesMississippi Supreme Court · 1871
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- State v. ClickSupreme Court of Alabama · 1841
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3Cited by3 opinions
- Kunkle v. ColemanIndiana Supreme Court · 1910
- Olmstead v. CrookSupreme Court of Alabama · 1889
- Richter v. StateSupreme Court of Alabama · 1908