McClellan v. State
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Sam McClellan, alias Samuel McClellan, sold, gave away, or . otherwise disposed of spirituous, vinous, or malt liquors without a license and contrary to law, against the peace and dignity of the State of Alabama.”
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Sam McClellan, alias Samuel McClellan, sold, gave away, or . otherwise disposed of spirituous, vinous, or malt liquors without a license and contrary to law, against the peace and dignity of the State of Alabama.” The defendant demurred to this indictment upon the following grounds: 1. Because there are three alternative or disjunctive averments in said…
1Opinion of the CourtBrickell, C. J.
The indictment is founded on the *124statute, approved February 9th, 1897, (Pamph. Acts, 1896-97, p. 683), which renders it unlawful, and an indictable misdemeanor, “to sell, give away, or otherwise dispose of any spirituous, vinous, or malt liquors, in Calhoun county,” -with an exception of towns or cities having authority to regulate and license the sale of such liquors within their territorial limits. The indictment corresponds to the form of indictment prescribed by the Code, for the sale of such liquors without license. — Cr. Code, 1896, Form 79. The form is by section 5077 of the Code…
2Cases cited1 opinion
- Connelly v. StateSupreme Court of Alabama · 1877
3Cited by12 opinions
- State v. RankinSupreme Court of Connecticut · 1925
- Kirk v. StateSupreme Court of Alabama · 1945
- Guarreno v. StateSupreme Court of Alabama · 1906
- Redd v. StateSupreme Court of Alabama · 1910
- Wray v. StateAlabama Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.