Bain v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before Hon. Louis Wyeth. The indictment under which the appellant was tried and convicted, is framed under section 4205 of the Code of 1876, and charges, that he “ did sell or give vinous, spirituous or malt liquors to James Foreman, a minor, against the peace,” &c. The only evidence on tbe trial was tbe testimony of said Foreman.
Read the full summary
Appeal from Marshall Circuit Court. Tried before Hon. Louis Wyeth. The indictment under which the appellant was tried and convicted, is framed under section 4205 of the Code of 1876, and charges, that he “ did sell or give vinous, spirituous or malt liquors to James Foreman, a minor, against the peace,” &c. The only evidence on tbe trial was tbe testimony of said Foreman. He testified that, “within the county and within the period of twelve months before the finding of the indictment, he had on two several occasions obtained from the defendant in person some whiskey. The first time he got a…
1Opinion of the CourtBbickell, C. J.
1. The judgment in this cause must be reversed, because the charge given by the court of its own motion, authorized a conviction, though the jury may not have believed from the evidence, that the offense charged was committed in the county of Marshall, within twelve months before the commencement of the prosecution. It has often been decided in this court that a charge is erroneous, which authorizes a conviction of a criminal offense, without proof that the offense was committed in the county in which the indictment was found. — Solomon v. The State, 27 Ala. 27; Brown v. The State, ib. 47;…
2Cases cited7 opinions
- Adler v. StateSupreme Court of Alabama · 1876
- Farrall v. StateSupreme Court of Alabama · 1858
- Stein v. StateSupreme Court of Alabama · 1861
- Patton v. RamboSupreme Court of Alabama · 1852
- Green v. StateSupreme Court of Alabama · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- People v. RatzCalifornia Supreme Court · 1896
- Randolph v. StateSupreme Court of Alabama · 1893
- Smith v. StateSupreme Court of Alabama · 1931
- Allen v. StateAlabama Court of Appeals · 1947
27 more not listed; retrieve them via the Exa API.